Ruling by the Council for Permit Disputes
The Council for Permit Disputes issued a final ruling on 19 October 2023. The Council ruled in favour of Indaver.
Request to update discharge conditions
Indaver has had a discharge permit for PFOS since 2007. This licence has been regularly updated over the past decade, with stricter standards and the imposition of standards for a number of additional PFAS parameters.
Also in 2022, Indaver submitted an application for an update of the discharge conditions for a number of PFAS components. After all, the existing permit expired for these components and a new standard had to be applied for. For two parameters there was still a valid standard in the former permit, for which Indaver did not apply for a new standard. The application Indaver submitted in 2022 took into account new impact studies and the Best Available Technology for water treatment. Indaver applied for standards in line with the available measurement methods and technology for water treatment.
Granting of permit in June 2022
In June 2022, the competent authorities granted Indaver an updated licence with tightened discharge conditions for 19 components. Indaver fully agreed to the stricter standard for the highly critical PFAS components such as PFOS and PFOA. However, Indaver could not agree to a number of other elements in this permit.
Council for Permit Disputes
In July 2022, Indaver lodged an objection with the Council for Permit Disputes against the updated permit on the basis of three elements: the improper conduct of the procedure whereby hearing rights were violated, the granting of standards for parameters for which the permit was still valid and the imposition of a number of additional conditions whereby unrealistic timings were imposed. Indaver had not objected to the new standards for PFOS, PFOA and GenX, for example, which could be realised with immediate effect and application of the Best Available Technique and which Indaver follows rigously.
However, it is important for companies and the industry to be able to operate in a legally secure context where procedures are followed correctly.
In its final ruling, the Council agrees with Indaver.
New permit application 2023
The discharge permit Indaver had received in June 2022 was valid for one year. Meanwhile, a new permit application is pending before the competent authorities.
The application submitted by Indaver takes into account new impact studies and Best Available Technology for water treatment. The dossier was declared complete and admissible on 6 July 2023. Based on the application, the competent authorities will grant discharge standards.
Indaver hopes this decision will be scientifically sound and will take into account the Best Available Technique.
Solution for PFAS-containing waste
Indaver treats PFAS-containing waste in its rotary kilns. Destruction is highly efficient thanks to 3 T's: incineration at high temperature, long residence time in the incinerator and turbulence of the waste. This enables Indaver to help provide a solution for PFAS-containing waste released in our society. Indaver does this with the utmost care for people, the environment and society.