Lawyer Classified Installations
Any industrial or agricultural exploitation likely to create risks or to provoke pollution or nuisances, in particular for the safety of the health of the residents is a classified installation.
Activities falling under the legislation of classified installations are listed in a nomenclature which subjects them to a system of authorization, registration or declaration according to the importance of the risks or inconveniences that may be generated:
- Reporting regime for the least polluting and least dangerous activities: a simple declaration in prefecture is necessary;
- Authorization scheme for installations presenting the greatest risks or pollution: the operator must submit a request for authorization before putting it into service, demonstrating the acceptability of the risk and the prefect may authorize or refuse operation;
- Registration scheme for sectors, whose technical measures to prevent disadvantages are well known, a simplified authorization scheme was created in 2009.
The powers of the state are as follows:
- authorize or refuse the operation of an installation;
- impose compliance with certain technical provisions;
- impose control rules;
- impose sanctions.
- Book V of the Environmental Code;
- Decree No. 77-1133 of 21 September 1977 adopted for the application of Law No. 76-663 of 19 July 1976 on classified installations for the protection of the environment;
- Law No. 2003-699 of 30 July 2003 on the prevention of technological and natural risks and the repair of damage;
- Law No. 96-1236 of 30 December 1996 on air and the rational use of energy
Who must file a return?
Anyone who wishes to commission a facility subject to declaration must, first of all, send a declaration file to the prefect of the department.
What is the content of the declaration file?
The file includes :
a statement about :
- the quality of the person (physical or moral);
- the address to which the farm is to be located;
- the nature and volume of the activities envisaged and the exact and complete title of the heading (s) of the nomenclature to which they belong;
- the treatment of waste water and all types of fumes and the disposal of waste;
a situation plan ;
an overall plan.
What can be the prescriptions of the prefect?
With the receipt of declaration, the prefect communicates to the operator the text of the general requirements applicable to the installation which constitute the minimum precautions to be respected.
It should be noted that at any time, these general requirements may be supplemented by special provisions laid down by a prefectural decree taken after the opinion of the Departmental Commission responsible for the environment and health and technological risk or of the Commission Sites Natures and Landscapes for Careers.
What other obligations can the operator have?
The operator must :
- report changes in the operation (ex: extension, modification, setting security, cessation of activity etc ...);
- report all accidents or incidents occurred because of the operation of his facility;
- inform the prospective successor the obligation to subscribe to a declaration of succession;
- submit to the controls of the inspection services of classified installations and send them any useful documents or information useful for updating the file.
See especially :
- Book V of the Legislative Part of the Environmental Code;
- Book V Title 1 of the Regulatory Part of the Environmental Code.
Why file an application for authorization?
The Environment Code provides that industrial and agricultural installations of a certain size must, for the sake of environmental protection, prior to their commissioning, be subject to an authorization in the form of a prefectural decree which sets out the obligations that the operator will have to respect to ensure this protection.
It is up to any applicant for authorization to demonstrate the conformity of its project with :
- applicable regulations ;
- its compatibility with :
- the sensitivity of the environment;
- the protection of public health;
- public safety.
The authorization is issued by the prefect after :
- instruction by the administrative services;
- public survey ;
- hearing before the Departmental Council on the Environment and Health and Technological Risks (CODERST).
What are the different stages of the authorization procedure?
What are the constituent elements of the application file?
The request must contain :
- the identity of the applicant;
- the location of the facility;
- the nature and volume of activities;
- manufacturing processes;
- technical and financial capacities;
- the administrative situation of the establishment concerned
The following documents must also be annexed :
- a map of 1/25000 on which is indicated the location of the planned installation;
- a scale plan ½ 500e at least the installation and its surroundings;
- an overall plan at 1/200 scalee at least showing the details of the planned layout of the installation, and, at least 35 meters from that, the affection of neighboring buildings and land;
- a map of all buried networks;
- an impact study of the installation on its environment;
- a hazard study;
- a notice relating to the conformity of the planned installation.
For quarries, it should be noted that a document attesting the ownership of the fund or the right to exploit by the owner.
See especially :
Articles L. 512-2 and L. 512-15 of the Environmental Code;
Articles R. 512-11 to R. 512-26, R. 512-28 to R. 512-30 of the Code of the Environment.
What is the registration application procedure and what is the deadline for the procedure?
What does the registration application file contain?
The file must include :
- the application for registration in application of Article R. 512-46-3 of the Environmental Code (identity of the applicant, location of the facility, description, nature and volume of activities and reference nomenclature);
- maps and plans as provided for by Article R. 512-46-4 of the Environmental Code;
- the proposal on the type of future use of the site when the installation will be shut down permanently (in the case of an installation to be installed on a new site);
- the financial and technical capacities of the operator ;
- a document justifying the compatibility of the installation project with planning provisions;
- a document justifying compliance with the general requirements applicable to the installation;
- Natura 2000 impact assessment if the project is in a Natura 2000 zone;
- elements to assess the compatibility of the project with certain plans, diagrams and programs (SDAGE etc ...).
How is the project submitted for public consultation? / H3>
Two weeks before the start of the consultation, a notice to the public is posted :
- by posting in town hall each of the municipalities concerned;
- by posting on the website of the prefecture ;
- by publication in 2 newspapers in the department or departments concerned.
Public consultation is carried out :
- by posting the application for registration on the website of the prefecture and this in conjunction with the posting of public opinion;
- by the provision of the complete registration file in the town hall of the project's location for 4 weeks.
The public then comments on a dedicated register, or sends them to the prefect by mail or electronically.
When can you switch to an authorization procedure?
It should be noted that in certain situations, the registration system gives the prefect the possibility of processing the application for registration according to the authorization procedure (ie with the submission of impact and hazard studies, public inquiry etc.). ...) in order to fully take into account the problematic environment or in response to a solicitation of substantial development of general requirements by the operator.
The 3 criteria to be taken into account when deciding on such a changeover are defined in Article L. 512-7-2 of the Environment Code:
- the sensitivity of the environment;
- cumulative impacts with other projects;
- the importance of the facilities proposed by the applicant to the requirements applicable to him.
See on this point Circular No. DEVP1022207C of 22 September 2010.
See especially :
- Ordinance No. 2009-663 on the registration of certain classified installations for the protection of the environment;
Decree No. 2010-369 amending the nomenclature of classified installations.
ACTION FOR ANNULMENT AGAINST DECISIONS RELATING TO CLASSIFIED FACILITIES
Any decision taken by a public person and giving rise to a complaint may be the subject of an action for excess of power before the administrative court.
This is also the case for classified installation decisions.
Who can appeal against a decision regarding a classified installation?
The appeal may be filed by :
- the operator;
- residents of the classified facility;
- associations with an interest in acting;
- the municipality in whose territory the classified facility is located.
What are the different deadlines for appeal?
The period of appeal is :
- two months for the operator of the classified installation ;
- four years for local residents, associations and the municipality;
- reduced time to six months in terms of career ;
- a year for authorizations concerning local public services or services of general interest.