GBR No. 4
Environmental Conditions
Food and Beverage Manufacturing Group
ERA regulates the environmental impact of enterprises through two key mechanisms. Smaller scale activities are regulated through a set of General Binding Rules (GBRs) which apply to all enterprises within a common group (e.g. Food Processing Group). Larger scale activities are regulated through an Environmental Permit issued on an individual basis by ERA. Certain enterprises of limited environmental significance (e.g. insurance companies) are exempt from control through a GBR or Permit.
The environmental conditions set out in this General Binding Rule (GBR) are aimed at improving the environmental performance of small scale enterprises involved in the manufacture of a range of food products and beverages, including meat, fish fruit, bread and wine.
GBR Conditions and Permits
The classes of enterprises in List 1 (see last page) are subject to regulation by either a Permit or this GBR. An Environmental Permit for operation of the establishment must be obtained from ERA in respect of:
o Any premises with a discharge to sea, surface water or land
o All animal slaughtering operations (NACE code 01.62)
o All rendering plants
o Distilling, rectifying and blending of spirits (NACE code 11.1).
o Any manufacturing activity with 250 employees or more on a single site.
o Manufacturing of wine, cider or other non-distilled fermented beverages (NACE codes 11.02 – 11.04) with an annual fruit processing of 300 tonnes or more.
o Manufacture of beer (NACE code 11.05) or malt (NACE code 11.06) with a finished production capacity of 10 tonnes per day.
o Manufacturing of food products intended for human or animal consumption (NACE code 10*) with a finished production capacity of greater than 10 tonnes/ day.
The Environmental Conditions in this GBR:
§ Apply immediately on start-up of operations by new enterprises
§ Apply to an existing enterprise from 6 months after first notification of the GBR
§ Do not override the requirements of any other legislation, including any possible need for development consent
§ Will be enforced through ERA inspections and penalties.
§ Apply until such time as they may be superseded for individual enterprises by the requirements of an Environmental Permit, other legal requirements or the amendment of this GBR.
Operators have an obligation to understand and implement the requirements of the GBR. An explanation of these conditions and practical advice on their implementation is given in the ERA Guidance Note No. 4.
1. General Requirements
1.1. All businesses have a duty of care to protect the environment. The operator shall become familiar with his legal obligations and good environmental practice.
1.2. Staff shall be made aware of the importance of environmental protection and receive appropriate training, as specified in the Guidance Note.
1.3. The site shall be maintained in a tidy condition, free from litter and waste (whether arising from own or external activities).
1.4. In the event of cessation of business activity on the site, all wastes (including end-of-life or abandoned machinery, tanks and equipment) and hazardous materials must be removed from the site.
2. Waste Management
2.1. Wastes should preferably be collected for recycling/re-use. Wastes to be considered for recycling should include waste cooking oil, paper and cardboard, certain food waste, glass and/or plastic containers, aluminium cans and wooden pallets. When practical, recyclable wastes should be segregated to facilitate recycling.
2.2. All wastes shall be stored within a designated and controlled storage area(s) prior to ultimate disposal; wastes to be recycled should be stored in a designated container or storage area and not mixed with other wastes.
2.3. Wastes with a high potential for odour generation (e.g. fish or food) shall be stored in confined areas (e.g. sealed containers) so as to minimise odours.
2.4. Food wastes shall be stored in a sealed container and disposed off frequently in order to limit odour nuisance on site.
2.5. The storage of waste on garrigue or any other natural or semi-natural land is prohibited.
2.6. No storage of waste (other than own-site inert waste) is permitted for a period exceeding 12 months.
2.7. On-site disposal of wastes by any means including burning, disposal to drain or surface water, burying or deposition on land is prohibited, unless specifically approved by a permit from ERA or the Water Services Corporation (WSC). Biodegradable waste, such as food or garden waste may be composted for onsite applications. Volume must not exceed 25 cubic meters at any one time.
2.8. Off-site disposal or recycling of wastes may only take place at a facility licensed for that purpose (e.g. only inert waste may be disposed of at a landfill licensed for inert waste).
2.9. Records shall be maintained for the disposal of all hazardous waste, including quantities, dates, contractor name and manner of disposal. The records should be maintained for a period of 2 years and be made available, upon request, to ERA.
2.10. Producers of packaging shall register with ERA and provide the required information, as well as achieve the targets as set out in the relevant legislation. Documentation as evidence of such should be maintained for a period of 3 years and be made available, upon request by MEPA.
2.11. All operations concerning the management of waste are subject to the legal provisions of Legal Notice 184 of 2011 as amended and Legal Notice 106 of 2007 [Waste Management (Activity Registration) Regulations, 2007]. These regulations are reflected in relevant GBR conditions (listed in this document) or in the environmental permit conditions to which it applies;
3. Emissions to Atmosphere
3.1 Exhaust gases from oil or solid fuel boilers/generators, shall vent through stacks 3 metres above roof level and 3 metres above any habitable floor within a 25 metre radius as per provisions of LN 478 of 2010, Ambient Air Quality Regulations, 2010, or as quoted in subsequent amendments..
3.2 Highly odorous gas streams shall receive treatment before venting through a suitably located stack.
3.3 Fumes from cooking/frying in oil and fat shall pass through a filter system before venting through a suitably located stack.
3.4 All process steps which generate significant amounts of airborne dust (such as milling, screening, pelletising etc.) shall be enclosed to prevent the emission of dust. Where enclosure is not feasible, local dust collection and abatement equipment shall be employed.
3.5 Ovens, boilers, generators etc. must utilise fuel as per manufacturer specifications (e.g. an oven designed to burn diesel should only be operated using diesel and no other fuels can be utilised).
3.6 Ovens, boilers, generators etc. which have been converted from the utilisation of one fuel to another must be certified by a warranted engineer and records must be kept for the operational life of the equipment.
3.7 Maintenance and servicing of fuel operated ovens must be carried out by qualified technicians and certified by a warranted engineer at least once a year and records must be kept for a period of 5 years.
3.8 Chemically treated/ varnished/ painted/ composite woods must not be used as fuel for ovens in bakeries and other food-processing related premises.
3.9 Minor kitchen exhausts shall be treated and/or vented in such a way as to prevent odour nuisance. Low level vents such as wall grills shall discharge above head height and be directed upwards.
3.10 The exhaust from general building ventilation (e.g. extractors or fans in walls or roofs) shall be vented in such a way as to avoid local nuisance (see definition in Guidance Note No. 4).
3.11 For those activities where it can be shown to the satisfaction of ERA that the above venting requirements are not practical, sensible or necessary, stacks and vents shall be located and designed so as to minimise local nuisance in accordance with policies issued by the Planning directorate.
3.12 In the event of a local nuisance from emissions to air, the operator must, at the written request of ERA and within 30 working days, identify the specific cause of the nuisance and examine means for its elimination or minimisation including:
§ Relocating/redesigning the stack(s) or vent(s) to a point where nuisance is minimised
§ Replacement of fuel by a lower sulphur content or cleaner burning fuel.
§ Use of additional or more efficient abatement
§ Regular replacement of cooking oils
§ Improved storage of wastes
§ Closure of certain doors or windows
3.13 All abatement equipment and ducting shall be cleaned and maintained according to manufacturer product specifications in a way so as to ensure proper functioning of the equipment. This is to be carried out on a regular basis and records kept of any such maintenance.
See Guidance Note No. 4 for further information on this matter.
4. Effluent Discharge
4.1. Foul sewer drains must be strictly segregated from stormwater drains
4.2. All reasonable measures to minimise wastage of water should be implemented. Techniques to be employed include regular monitoring of water usage, identification of sources of high water usage, use of triggers on hoses and water efficient taps and appliances.
4.3. The discharge of any type of effluent (including washwaters and contaminated stormwater) to land, stormwater drains or sea is prohibited, unless specifically approved under a permit issued by ERA.
4.4. All discharges to the foul sewer, including process effluents and wash waters (e.g. contaminated with industrial detergents etc.), shall comply with the requirements of a licence issued by the Water Services Corporation. In particular, cooking oil shall not be discharged to the foul sewer.
4.5. Any grease trap or sedimentation tank or other equipment specified by the WSC shall be adequately sized and well maintained.
5. Storage
5.1. No storage of waste, equipment or materials is permitted on property outside the site premises.
5.2. Non-hazardous waste awaiting collection may be placed outside the site premises for a period not exceeding 12 hours.
5.3. Storage areas for raw materials shall be located, designed and operated so as to prevent significant nuisance from odour.
5.4. All bulk oil storage tanks shall be provided with an adequately designed bund system with an impermeable base and walls. The capacity of the bund shall be a minimum of 110% of the largest tank within the bund or 25% of the total volume of all the tanks within the bund, whichever is greater. All filling and off-take points shall be located within the bund.
5.5. The construction of fuel tanks shall comply with relevant MRA standards.
5.6. All storage of materials or waste shall take place only in locations where thorough clean-up and site reinstatement can be readily undertaken.
5.7. Bulk storage tanks for liquids and associated bunding and pipe work shall be visually inspected at least once a month and certified by a warranted engineer on an annual basis. Records for such inspections should be kept for a minimum period of two years and should be made available upon request by ERA.
5.8. Drums and containers of chemicals/oils shall be stored in designated and secure storage areas. Storage areas shall be bunded or otherwise designed so that surface and ground waters cannot be contaminated by spillages.
5.9. Spillages of oil or other hazardous material shall receive immediate attention to prevent escape to drain, surface water or land. Spilled material shall be disposed of in sites permitted under the relevant environmental regulations to accept such waste.
GBR No. 4
List 1
NACE classes of the Food Processing Group
01 Crop and animal production, hunting and related service activities
01.62 animal slaughtering operations
10 Manufacture of food products
10.11 Processing and preserving of meat
10.12 Processing and preserving of poultry meat
10.13 Production of meat and poultry meat products
10.20 Processing and preserving of fish, crustaceans and mollusks
10.31 Processing and preserving of potatoes
10.32 Manufacture of fruit and vegetable juice
10.39 Other processing and preserving of fruit and vegetables
10.41 Manufacture of oils and fats
10.42 Manufacture of margarine and similar edible fats
10.51 Operation of dairies and cheese making
10.52 Manufacture of ice cream
10.61 Manufacture of grain mill products
10.62 Manufacture of starches and starch products
10.7 Manufacture of bakery and farinaceous products
10.71 Manufacture of bread; manufacture of fresh pastry goods and cakes
10.72 Manufacture of rusks and biscuits; manufacture of preserved pastry goods and cakes
10.73 Manufacture of macaroni, noodles, couscous and similar farinaceous products
10.81 Manufacture of sugar
10.82 Manufacture of cocoa, chocolate and sugar confectionery
10.83 Processing of tea and coffee
10.84 Manufacture of condiments and seasonings
10.85 Manufacture of prepared meals and dishes
10.86 Manufacture of homogenised food preparations and dietetic food
10.89 Manufacture of other food products n.e.c.
10.91 Manufacture of prepared feeds for farm animals
10.92 Manufacture of prepared pet foods
11 Manufacture of beverages
11.01 Distilling, rectifying and blending of spirits
11.02 Manufacture of wine from grape
11.03 Manufacture of cider and other fruit wines
11.04 Manufacture of other non-distilled fermented beverages
11.05 Manufacture of beer
11.06 Manufacture of malt
11.07 Manufacture of soft drinks; production of mineral waters and other bottled waters
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