Installations classified for environmental protection (ICPE)
Verified 04 August 2025 - Directorate of Legal and Administrative Information (Prime Minister)
Some facilities may have impacts (pollution of water, air, soil, etc.) and hazards (fire, explosion, etc.) for the environment, public health and safety. For these reasons, they are subject to the regulation of facilities classified for environmental protection (ICPE).
Facilities classified for environmental protection (ICPE) are classified according to the level of danger they present. From less dangerous to more dangerous: declaration, registration, authorization.
Some ICPEs are also facilities, structures, works and activities (IOTA) or include. In this case, the legislation applicable to ICPE and IOTAs must be respected.
Declaration
Installations classified for environmental protection (ICPE) which do not present serious hazards or disadvantages to health, public safety and the environment are subject to declaration. They must respect the general requirements enacted to ensure risk prevention.
To determine whether the ICPE is reportable, the company should consult the ICPE nomenclature. These are the facilities “ D ’ and ‘ DC ’:
Nomenclature of ICPE and IOTA
National Institute of Industrial Environment and Risk (Ineris)
Pour en savoir plus
If the installation project is covered by several headings, the most restrictive regime applies: authorization, then registration, then declaration.
Please note
Below the reporting threshold, the installation shall be said to be: Unclassified (NC) ». It is submitted to the mayor's police: it is the departmental health regulations that apply.
The declaration includes equipment, facilities and activities included in the project the registrant meeting at least one of the following criteria:
- Necessary for this ICPE
- The proximity of which is such as to significantly modify the dangers or drawbacks of the ICPE.
FYI
ICPEs which, after modification of the nomenclature of ICPEs (making the entry classifiable) and after having been regularly put into service, are subject to declaration may continue to operate without such declaration, at the entitlement to acquired rights. The only condition is that the operator has already made himself known to the prefect or is made known to him within one year of this submission. The declaration must be made via an online service. For information purposes, the grandfathering declaration form is the cerfa no. 15274.
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Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
Pre-declaration environmental assessment
The project can be subject to environmental assessment.
Where such an environmental assessment is mandatory, it must be carried out prior to the declaration of the project.
FYI
One fact sheet dedicated to environmental assessment details the projects concerned and the evaluation process.
Declaration file
The declarant can obtain information on the teleprocedure and on the preparation of the declaration file via the guide to preparing the telereporting procedure.
Please note
The constitution of the file is complex. It is recommended to use a design office.
The information to be provided by the declarant are:
- Either if it is a natural person, his surname, first names and domicile
- In the case of a legal person, its name or business name, its legal form, the address of its registered office and the status of the declarant
- Location on which the installation is to be carried out
- Nature and volume of the activities that the registrant proposes to carry out and the heading(s) of the bill of materials in which the installation is to be stored
- Mode and conditions of use, treatment and disposal of waste water and fumes of any kind
- Method and conditions for the management of waste from the holding
- Provisions in the event of a loss
- If the facility is at a relevant site, impact assessment Natura 2000
- Where applicable, a reference to the applications for authorization or declarations already submitted for the installation under other legislation, together with the date of submission and the competent authority (prefecture, etc.)
- If any, the applications for authorization or declarations that the declarant intends to submit for the same installation with the mention of the competent authority (prefecture, etc.).
The registrant must file :
- Situation plan of the cadastre within 100 meters of the facility
- An overall plan on a scale of at least 1/200, accompanied by:
- Legends, indicating the use, up to at least 35 meters from it, of nearby buildings and land as well as water points, canals, waterways and buried networks
- If necessary, descriptions to show the physical arrangements of the installation.
The scale of the overall plan can be reduced to 1/1,000 to make the listed items visible.
FYI
If the project is a facility subject to reporting under the ICPE and includes facilities, works, works or activities (IOTA) subject to declaration, the ICPE declaration is the only declaration to be made.
It is strongly advised to get closer to the service concerned upstream of the process.
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Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
Declaration
The declaration for an ICPE must be sent before the commissioning of the installation and the commencement of all associated necessary work.
The declaration must be made via an online service :
Online declaration of a facility classified for environmental protection (ICPE)
For your assistance and information, you will find the following form: cerfa no. 15271.
This teleprocedure allows simplifications and time savings throughout the investigation procedure, including:
- The acknowledgement of receipt is automatically issued if all mandatory documents are filed.
- There is no longer a request for an appointment at the ticket office for the completeness exam.
- Supplements and other procedural documents (response of the petitioner to a possible request for supplements, contradictory...) are also filed online.
Following the declaration, it is immediately issued electronically a proof of deposit of the declaration. This is made available to the public on the prefecture's website for a minimum period of 3 years.
Delay before the installation is commissioned
The prefect may, within 15 days after filing the declaration and if no environmental assessment has been conducted, submit the facility to a case-by-case review prior to conducting a potential environmental assessment.
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Case-by-case review
Environmental assessment required
The different stages of environmental assessment are as follows:
- Development of a environmental impact assessment report (impact assessment for projects, report on the environmental impact for plans and programs) by the project owner
- Completion of planned consultations, in particular consultation of the environmental authority (the prefecture), which delivers an opinion on the project, plan, program and on the environmental impact assessment report, and public consultation
- Examination information contained in the evaluation report and received in the course of the consultations.
The environmental assessment must be filed via an online service :
Consultation and submission of projects subject to impact assessment (Environmental Assessment)
Raw biodiversity data
Proponents of projects that have conducted an environmental assessment must transmit raw biodiversity data acquired during environmental impact assessment studies and monitoring measures, in particular those relating to avoidance, reduction or compensation measures.
The disbursement of raw biodiversity data, acquired in the course of evaluation studies shall be carried out:
- Prior to the start of the public participation procedure where required
- Or before the decision referred to in that paragraph, where no public participation procedure is required.
This payment takes place via projects-environment.gouv.fr or via the online service Depobio :
Depobio: platform for the legal deposit of biodiversity data
Please note
The capture or transfer of raw biodiversity data, acquired during environmental impact monitoring measures, must be completed within 6 months after the completion of each data acquisition campaign.
Once the environmental assessment has been completed, the notifier must forward the decision to the prefect by the reviewing authority on a case by case basis.
Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
Following the evaluation, the registrant must be authorized by the prefecture in order to commission and operate the facility.
No environmental assessment
The declarant shall transmit to the prefect the decision of the examining authority case by case.
The declarant may commissioning and operating the installation 15 days after the issue of the proof of lodging of the declaration, once the case-by-case examination has been carried out and concluded that there is no need for an environmental assessment.
Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
No review or assessment conducted
Unless the prefect advises otherwise, the declarant may commission and operate the facility 15 days after the issuance of the proof of deposit.
Compliance with general requirements
The operator shall comply with general risk prevention requirements. They are specified in prefectural decrees and orders of the ministry responsible for the environment.
The National Institute for the Industrial Environment and Risks (Ineris) proposes a thematic regulatory aid providing access to the main regulatory texts that may concern a given installation:
Access to AIDA's thematic regulatory support
FYI
The prefect may impose by prefectural decree special requirements, necessary for the prevention of the risks associated with the declared ICPE.
If the declarant wishes to obtain the modification of some of the requirements applicable to the installation, he must send a request to the prefect, who will respond by order.
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Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
Periodic inspection of certain installations
Installations concerned
Some reportable ICPEs are subject to periodic inspection. These are the facilities “ DC ’ of the bill of materials.
FYI
The ICPEs’ DC ’ shall not be subject to the obligation of periodic inspection where they are included in an establishment which has at least one ICPE subject to the authorization or registration procedure.
Periodicity of inspection and approved bodies
The periodic inspection shall take place:
- Every 10 years at most, for installations where the "environmental management" system has been certified in accordance with the international standard ISO 14001 by an accredited certification body.
- Every 5 years maximum, for other installations.
Facilities operated by an organization registered in the application of EMAS are exempt from periodic inspection.
The obligation to carry out periodic inspections may be adjusted for ICPEs whose operating life is less than 6 months per year.
Please note
The 1er control an installation takes place in:
- 6 months after commissioning, for new installations
- 2 years, for existing installations previously subject to notification without periodic inspection or previously outside the scope of ICPE
- 5 years, for existing installations previously subject to authorization or registration.
The periodic inspection must be carried out by a recognized organization.
Approved bodies shall be listed in a spreadsheet downloadable in point 4 of an article by the National Institute for the Industrial Environment and Risks (INERIS):
Periodic inspection of certain classified installations subject to notification
National Institute of Industrial Environment and Risk (Ineris)
Pour en savoir plus
Content and consequences of the periodic inspection
The periodic inspection body shall submit its visit report to the operator of the classified installation in one copy within 60 days after the visit.
The report shall include the full results of the control and shall identify the points of non-compliance and major non-compliance.
The operator shall keep last 2 reportsand make them available, on request, to the inspection of classified facilities.
When the visit report shows major non-conformances, the operator shall address the inspection body in writing and in the 3 months which follow its receipt a schedule of steps it intends to take to remedy the situation.
Having taken the necessary steps to remedy such non-conformities and in a maximum period of one year as from the receipt of the inspection report, the operator shall send a written request to the recognized organization which carried out the initial check. He has to ask for the carrying out a complementary check relating only to requirements whose failure to comply has led to major non-compliances.
This additional control is carried out within 2 months at the latest following the date of the operator’s application. The approved organization shall send the operator a report supplementing its initial inspection report within one month of the inspection.
FYI
The approved inspection body will inform the prefect if the operator does not comply with its obligations to remedy and stop major non-conformities.
Period of validity of the declaration
Once declared and commissioned in accordance with the regulations, the declaration is not limited in time. As long as the ICPE is not modified or stopped, the declaration remains valid.
Lapse after 3 years of absence from operation
Except in cases of force majeure or a justified and accepted request for an extension of time, the validity of the declaration ends when:
- Either the installation was not commissioned within 3 years.
- Either the operation was interrupted for more than 3 consecutive years, following an inspection finding of the classified installations or information from the operator. The prefect may then give the licensee formal notice to cease operating its installation or the relevant part of its installation.
The permanent cessation of the operation may also be required by a formal notice issued by the prefect in the same circumstances.
FYI
Following the cessation of activity, the operator must monitor the ICPE, the conservation of stocks, the removal of dangerous, perishable or troublesome materials and of animals in the installation.
The operator of an ICPE shall declare, as soon as possible, to the inspection of classified installations accidents or incidents occurring as a result of the operation of this facility. This is mandatory for events likely to undermine risk prevention, in particular for the environment, health and public safety.
The operator shall transmit a accident report or, upon request, an incident report. It shall specify, in particular, the following:
- Circumstances and causes of the accident or incident
- Hazardous substances involved, if any
- Effects on people and the environment
- Emergency measures taken
- Measures taken or envisaged to avoid an accident or similar incident and to mitigate its effects in the medium or long term.
It is possible to report the accident or incident using one of the notification forms made available on the ARIA website of the Ministry for the Environment:
Notification sheets to inform the inspection of classified facilities of an accident or incident
Once completed, the accident or incident report must be sent to the classified facility inspection.
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Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
If further investigation reveals new elements modifying or supplementing this information or the conclusions drawn from it, the operator must update the information provided and transmit it to the prefecture.
Re-entry into service may require, on the decision of the prefect, a new authorization, a new registration or a new declaration.
FYI
The Prefect may prescribe the carrying out of evaluations and the implementation of remedies following accidents or incidents, in order to ensure the prevention of risks.
The modification of the facility or beneficiaries of the declaration is subject to specific regulations. The following cases are the subject of special provisions:
- Changes, especially in activity (volumes, nature, etc.)
- Displacement of the activity, for which the procedures are the same as for the most important modifications
- Change of beneficiary.
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Changes or moving the activity
There are 2 types of modifications, depending on the importance they have on the project:
- Substantial changes, the most important, including business travel
- Notable changes, the others.
Substantial changes or relocation of activity
Any substantial modification and any displacement of the activity are subject to renewal of the declaration. This renewal shall be subject to the same formalities as the initial declaration.
This applies regardless of whether the modification occurs before the project is carried out or during its implementation or operation.
An amendment substantial an ICPE is an amendment that:
- Or meet quantitative thresholds and criteria set by order of the Minister responsible for the environment (the order depends on the category of the installation in the bill of materials)
- or is likely to cause significant hazards and disadvantages, in particular for the environment, health or public safety.
The declaration of substantial modification or displacement of activity must be sent to the prefecture via the online service (situation ‘Initial declaration’):
Online declaration of a facility classified for environmental protection (ICPE)
For your assistance and information, you will find the following form: cerfa no. 15275.
Notable changes
Amendments that are not substantial are significant amendments. Any significant modification (modification of the industrial process, change in the nature of the waste generated, new risks or impacts identified, etc.) must be notified to the prefect.
The notification of the prefect must take place or via a online service (situation ‘Declaration of amendment’):
Online declaration of a facility classified for environmental protection (ICPE)
For your assistance and information, you will find the following form: cerfa no. 15272.
Please note
In case of doubt, the operator can carry out the procedure provided for the significant modifications. The prefect will inform him of the procedure to follow if he considers that the modification is substantial.
Change of beneficiary
The change of beneficiary of the declaration requires a declaration to the prefecture (via the DREAL or the DDPP, depending on the project), within one month of taking over the operation. It is carried out via an online service :
Online declaration of a facility classified for environmental protection (ICPE)
For your assistance and information, you will find the following form: cerfa no. 15273.
This statement mentions:
- In the case of a natural person: the surname, forenames and domicile of the new operator
- In the case of a legal person, its name or business name, its legal form, the address of its registered office and the status of the declarant.
For installations subject to periodic inspection (installations ‘ DC ’), the declaration shall be accompanied by proof of completion of the last periodic inspection.
Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
Cessation of activity
The cessation of activity consists of the following operations :
- Final shutdown
- Securing
- If necessary, determination of future use(s)
- Rehabilitation or rehabilitation.
One declaration of cessation of activity must be sent to the prefecture at least one month before the cessation of activity. It mentions the following elements:
- Land affected by the cessation of activity
- Measures taken or planned, together with the associated timetable, to ensure, as soon as the installations concerned are permanently shut down, the safety of the site’s land concerned
The declaration of cessation of activity is made via a online service :
Online declaration of a facility classified for environmental protection (ICPE)
For your assistance and information, you will find the following form: cerfa no. 15275.
Please note
Where the notification concerns a classified reportable installation included in:
- As an establishment includes at least one installation subject to the authorization scheme, notification shall be made in accordance with the provisions laid down for the ICPEs subject to authorization.
- Where an establishment includes at least one installation subject to registration, notification shall be made in accordance with the provisions laid down for ICPEs subject to registration, where the final shutdown also concerns one or more installations subject to registration.
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Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
1. Final shutdown
Final shutdown shall consist of to be completely discontinued or reduced to the point where they no longer fall under the ICPE nomenclature all the classified activities of one or more ICPEs of the same site. This does not include the continuation of other activities at the site and the release of the land.
The operator shall place the site in such a condition it cannot harm the environment, public health or public safety and that he allows for future use comparable to the last period of activity of the facility.
It informs the owner of the land on which the facility is located and the mayor or president of theEPCI: titleContent.
2. Security
The securing includes, in particular, for the ICPE(s) concerned by the cessation of activity, the following measures:
- Disposal of hazardous products and, for facilities other than waste storage facilities, the management of the waste present
- Prohibitions or limitations of access
- Removing the risk of fire and explosion
- Monitoring the effects of the installation on its environment, taking into account a diagnosis proportionate to the stakes.
If necessary, operations undertaken as part of the security deployment are accompanied by temporary management measures or temporary restrictions on use.
If it falls under one of the headings of the nomenclature listed on Legifrance, the security of the ICPE shall be certified by a certified company in the field of polluted sites and soils or with equivalent expertise in the provision of services in this field.
THEsecurity clearance a model of which is indicated on Legifrance must be transmitted to the prefect and to the inspection of classified facilities.
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Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
When the safe-keeping is completed, the operator shall inform in writing the following persons:
- Mayor or President of theEPCI: titleContent,
- Owners of the land concerned
- Inspection of facilities classified for environmental protection.
Who shall I contact
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Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
3. Identification of future uses and rehabilitation or rehabilitation
The operator shall carry out the rehabilitation of the land of the installations concerned in such a way that it allows future use of the site similar to the last period of operation of the facilities.
When the rehabilitation is completed, the operator shall inform the following persons in writing:
- Prefect and inspection of classified facilities
- Owners of the land concerned
- Mayor or President of the EPCI
Who shall I contact
A binding deadline for the rehabilitation of the site may be required by the prefect.
Please note
The silence kept by the prefect for 2 months from the receipt of this information constitutes acceptance of the conditions of the cessation of activity, which is then deemed completed at the end of this period.
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Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
At any time, even after the restoration of the site, the prefect may impose to the operator, by prefectural decree, the requirements necessary for risk prevention, in particular for the environment, health or public safety.
Please note
The rehabilitation of a site may be carried out by a third party, upon agreement of the operator and after approval of the prefecture.
Administrative penalties
In case of non-compliance with the regulations applicable to IATOs (ICPE, IOTA, etc.), the competent administrative authority (the prefect) formal notice the operator of the IATO or, failing that, the owner of the land, within a period to be determined by the Commission. The operator may make representations.
In the event of an emergency, the Prefect shall, by the same act or by a separate act, lay down the necessary measures to prevent serious and imminent hazards to health, public safety or the environment.
If, at the expiry of the time limit, the person served with formal notice has not implemented the prescribed measures, one or more of the following administrative penalties may apply:
- Require the person served with formal notice to pay in the hands of a public accountant before a specified date of payment of an amount corresponding to the amount of work or transactions to be carried out
- Impose, on behalf of the person served with formal notice and at his own expense, the execution of the prescribed measures. The amounts recorded are used to pay for the expenses incurred.
- Suspend the operation of the IATO until the conditions imposed have been fully complied with and take the necessary precautionary measures, at the expense of the person served with formal notice
- Order payment of a administrative fine at most equal to €45,000, and a daily penalty payment at most equal to €4,500 applicable from the date of notification of the decision fixing it until the formal notice or the measure ordered has been satisfied.
Fines and periodic penalty payments shall be proportionate to the seriousness of the infringements found and shall take into account, in particular, the extent of the disturbance caused to the environment.
The fine may not be pronounced beyond a period of 3 years as from the finding of non-compliance.
These sanctions may be published on the website of the prefecture of the department, for a period of between 2 months and 5 years.
Criminal sanctions
Penal sanctions may be accompanied by additional penalties.
Lack of authorization, registration or declaration
Operating or implementing an IOTA (ICPE, IOTA, etc.) without authorization, registration, the approval, approval or certification required shall be punishable byone year in prison and €75,000 fine (natural person) or €375,000 fine (legal person).
For IATOs subject to declaration, exploitation without declaration shall be punishable by €1,500 fine (natural person) or €7,500 fine (legal person). To continue this exploitation after a formal notice is sanctioned by a year of imprisonment and €15,000 fine (natural person) or €75,000 fine (legal person).
When the health, safety of people or the environment have been severely degraded, these penalties shall be increased to 3 years imprisonment and €150,000 fine (natural person) or €750,000 fine (legal person).
When it creates a immediate risk of serious harm and sustainable to the environment, these penalties shall be increased to 3 years imprisonment and €250,000 fine (natural person) or €1 250 000 a fine (legal person), which may be increased up to three times the advantage derived from the commission of the infringement.
Non-compliance with technical requirements
Operating or implementing an IOTA without complying with general rules and technical requirements set by the administrative authority shall be punished by €1,500 fine (natural person) or €7,500 fine (legal person). This also applies to requirements related to cessation of activity.
When it has seriously endangering the health or safety of persons or causing substantial environmental degradation, the operation or implementation of an IOTA without complying with requirements set by the administrative authority shall be punished by 2 years imprisonment and €75,000 fine (natural person) or €375,000 fine (legal person),
Non-compliance with a formal notice
Operating or implementing an IATT without complying with a formal notice enacted by the prefect is punishable by 2 years imprisonment and €100,000 fine (natural person) or €500,000 fine (legal person).
When it creates a immediate risk of serious harm and sustainable to the environment, the penalty shall be increased to 3 years imprisonment and €250,000 fine (natural person) or €1 250 000 a fine (legal person), which may be increased up to three times the advantage derived from the commission of the infringement.
When the health, safety of people or the environment have been severely degraded, the penalty shall be increased to 5 years imprisonment and €300,000 fine (natural person) or €1 500 000 fine (legal person).
Failure to comply with a formal notice to permanently discontinue an ICPE shall be punishable by 2 years imprisonment and €150,000 fine (natural person) or €750,000 (legal person).
Other regulatory violations
Failure to inform the Prefect in the event of a substantial change in the technical and financial capacities of the operator of an authorized ICPE shall be punishable by 6 months imprisonment and €75,000 fine (natural person) or €375,000 fine (legal person).
Failure to notify the prefect in the event of a modification of an ICPE shall be punished by €1,500 (natural person) or €7,500 (legal person).
A sentence of 2 years imprisonment and €100,000 fine (natural person) or €500,000 a fine (legal person) is provided for in the event of a breach of:
- Decision to oppose a declaration or to refuse authorization
- Measure to withdraw an authorization, registration, approval or certification
- Measure of closure, removal or suspension of an installation or structure
- Order of arrest, suspension or prohibition issued by the court
- Order of formal notice issued by the administrative authority (the prefect)
- Obligation to rehabilitate or monitor measures prescribed by the administrative authority.
When the health, safety of people or the environment have been severely degraded, the penalty shall be increased to 3 years imprisonment and €150,000 fine (natural person) or €750,000 fine (legal person).
When it creates a immediate risk of serious harm and sustainable to the environment, the penalty shall be increased to 3 years imprisonment and €250,000 fine (natural person) or €1 250 000 a fine (legal person), which may be increased up to three times the advantage derived from the commission of the infringement.
Recording
Installations classified for environmental protection (ICPE) are subject to registration where the following two conditions are met:
- They present serious hazards or disadvantages to health, public safety and the environment.
- These dangers and disadvantages can in principle be prevented by compliance with general requirements.
To check whether the ICPE is subject to registration, the company should consult the ICPE nomenclature. These are the facilities “ E ’:
Nomenclature of ICPE and IOTA
National Institute of Industrial Environment and Risk (Ineris)
Pour en savoir plus
If the installation project is covered by several headings, the most restrictive regime applies: authorization, then registration, then declaration.
FYI
Installations which, after modification of the ICPE nomenclature and after being regularly put into service, are subject to registration may continue to operate without such registration, at entitlement to acquired rights. The only condition is that the operator has already made himself known to the prefect or is made known to him within one year of this submission. The declaration of the benefit of acquired rights is made to the relevant department of the prefecture.
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Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
Environmental assessment prior to application for registration
The project can be subject to environmental assessment.
Where such an environmental assessment is mandatory, it must be conducted prior to the application for registration.
FYI
One fact sheet dedicated to environmental assessment details the projects concerned and the evaluation process.
Application for registration file
The applicant for registration can obtain information on the teleprocedure and on the preparation of the application file via the guide to preparing the teleregistration application procedure.
The template files referred to in this guide are available online:
- Warrant of deposit (for example, in the case where a design office files the application on behalf of the future operator)
- Plots (If the list of parcels is filed via a file instead of the online table)
- Geographical references (If the information is provided via a file instead of the online table).
Please note
The constitution of the file is complex. It is recommended to use a design office.
The application for registration shall contain at least:
- If it is a natural person, his surname, first names and domicile
- In the case of a legal person, its name or business name, its legal form, the address of its registered office and the status of the signatory
- Location on which the installation is to be carried out
- Description, nature and volume of the activities that the applicant proposes to carry out
- Topics of the bill of materials of which the installation is part
- Description of the significant environmental and human health impacts that the project, including any demolition work, is likely to have
- If relevant, measures and characteristics of the project to avoid or reduce its likely significant adverse effects on the environment or human health.
The application for registration must also include the following elements:
- Map at 1/25,000 or, failing that, at 1/50,000 showing the location of the proposed facility
- Plan, at a scale of at least 1/2 500, of the surroundings of the installation to a distance of at least 100 meters. Where distance distances are provided for in a general requirements order, the 1/2 500 plan must cover these distances increased by 100 meters.
- An overall plan, at a scale of at least 1/200, showing the projected layout of the facility and, up to at least 35 meters from the facility, the allocation of nearby buildings and land, the layout of existing buried networks, canals, bodies of water and watercourses. A smaller scale may, at the request of the applicant, be accepted by the administration.
- Document enabling the prefect to assess the compatibility of the planned activities with the land use planned for the areas delimited by the land use plan, the local urban plan or the municipal map
- In the case of an installation to be installed on a new site, the applicant's proposal on the type of future use of the site when the installation will be permanently shut down, accompanied by the opinion of the owner, when he is not the applicant, as well as that of the mayor or the president of theEPCI: titleContent. Such opinions shall be considered to have been issued if the persons consulted have not given their opinion within 45 days of their referral by the applicant.
- If the installation is located on a site concerned, the Natura 2000 impact assessment
- A description of the technical and financial capacities available to the applicant or, where those capacities are not built up when the application for registration is lodged, how it intends to establish them at the latest when the installation is put into service
- A document demonstrating compliance with the requirements applicable to the installation, including the general requirements issued by the Minister responsible for classified facilities. This document presents in particular the measures selected and the performance expected by the applicant to ensure compliance with these requirements.
- The elements allowing the prefect to assess, if necessary, the compatibility of the project with the following diagrams, plans, program and decree:
- Master Plan for Water Management and Development
- Water management and development scheme
- Regional Career Scheme
- National Waste Prevention Plan
- National plans for the prevention and management of certain categories of waste
- Regional waste prevention and management plan
- National action program for the protection of water against pollution by nitrates of agricultural origin
- Regional action program for the protection of water against pollution by nitrates of agricultural origin
- Establishment of requirements for measures to achieve the objectives of the plan for the protection of the atmosphere.
- Where installations are subject to the greenhouse gas emissions permit, a description of:
- Raw materials, fuels and auxiliaries liable to emit greenhouse gases
- Different sources of greenhouse gas emissions from the facility
- Monitoring measures taken. Those measures may be updated by the operator under the conditions laid down in that article without having to amend its registration.
- For installations with a thermal output greater than 20 MW generating waste heat not recovered at a useful temperature level or those forming part of a district heating or cooling network, a cost-benefit analysis in order to evaluate the appropriateness of recovering waste heat, in particular through a district heating or cooling network
- For combustion plants with a thermal input of 20 MW or more, a description of the measures taken to limit the energy consumption of the plant. Elements on energy efficiency optimization, such as secondary heat recovery, are provided.
Please note
The operator may request adjustments to the general requirements planned for its installation. In this case, the application for registration shall indicate the nature, importance and justification of such adjustments.
Where an operator proposes to commission several installations subject to registration on the same site, a single application for registration may be submitted for all such installations.
FYI
If the project includes facilities, works, works or activities (IOTA) subject to the declaration or authorization necessary for the classified installation or the proximity of which is such as to significantly alter its dangers or disadvantages, registration under ICPE is the only step that must be taken.
Building Permit and Clearing Authorization
When the installation of a facility requires a building permit, the application for registration must be accompanied or completed within 10 days of the sending of the file by the justification for the filing of the application for a building permit. Obtaining a building permit is not a registration.
When the installation of a facility requires clearance of land, the application for registration must be accompanied or supplemented within 10 days of the submission of the file by the justification for the submission of the application for clearance. Obtaining clearance is not a registration.
It is strongly advised to get closer to the service concerned upstream of the process.
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Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
Registration procedure
The application for registration of ICPE must be made before the commissioning of the installation and the commencement of all associated necessary work.
Online
The recording can be performed via an online service.
Online filing of an application for registration of ICPE (simplified authorization)
This teleprocedure allows simplifications and time savings throughout the investigation procedure, including:
- The acknowledgement of receipt is automatically issued if all mandatory documents are filed
- There is no longer a request for an appointment at the ticket office for the completeness exam
- Supplements and other procedural documents (response of the petitioner to a possible request for supplements, contradictory...) are also filed online.
The benefits are summarized in a brochure.
On site or by post
The request must be sent in at least 4 paper copies.
At the request of the Prefect, the project leader shall provide in paper form the copies necessary to carry out the public consultation and other consultations.
Confidential information is not included in the file. They shall be transmitted in separate paper form.
When an installation is to be located in the territory of several departments, the application for registration is sent to the prefect of the department where most of the project is to be carried out.
The form must be deposited or sent to the dedicated counter, in the department in which the ICPE is to be established.
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Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
Advertising of the registration application file
The registration application file is made available to the public.
The applicant may inform the prefect by a single letter in paper form of the information provided in the application file for registration which he justifies should remain confidential.
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Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
Public consultation
The public consultation starts at the latest 30 days after receipt of the complete and regular file, except in exceptional cases related to the nature, complexity, location or size of the project. In these exceptional cases, the order shall state the reasons for the decision.
The prefect shall fix, by order, the days and times when the file is open to public consultation and shall inform the applicant accordingly.
One public notice is posted or made public 2 weeks at least before the public consultation begins.
The the file shall be made available to the public in the town hall of the location of the project and on the website of the prefecture for a period of 4 weeks. To this end, the applicant shall provide the Prefect with an electronic version of his application file.
The public may comment on a register opened for this purpose at the town hall of the place where the project is located, or send them to the prefect by letter or by electronic means, before the end of the public consultation period. At the end of the register, the mayor closes the register and sends it to the prefect who appends the observations that have been sent to him.
FYI
From the filing of the application until the end of the consultation, the applicant must the posting of a notice on the site intended for installation.
As soon as the applicant has submitted his application for registration, he shall post on the site intended for the installation one or more signs of at least 1.2 meters by 0.8 meters, visible from the public road(s), comprising black characters on yellow background the following indications:
- Applicant's name and address
- Nature of the activity envisaged
- Main features of the project
- Note that the location of the installation is envisaged on the display site
- Topics of the bill of materials concerned
- Mention of the orders of the minister in charge of classified installations laying down general requirements that will apply to the proposed facility
- Competent authority to take the decision (the prefect)
- Note that the decision that may be taken at the end of the procedure is either:
- A registration, with requirements
- An examination of the application according to the authorization procedure, subject to impact assessment, hazard study and public inquiry
- A refusal.
When the prefect has communicated the conditions under which the file is submitted for public consultation, the operator complete the sign(s) by the following:
- Place and period during which the public may examine the file and make representations
- Conditions under which such comments may be received, specifying the address, days and opening hours of the town hall of the place of establishment of the project where a register is opened for this purpose and the address of the prefecture to which they may be sent by letter or by electronic means.
Decision
The prefect shall take a decision within 5 months from receipt of the complete file and regular. It may extend this period by 2 months, by reasoned order, in exceptional cases resulting for example from the nature, complexity, location or size of the project.
In the absence of a decision within those time limits, the silence kept by the prefect is a refusal decision.
3 types of decisions can be taken:
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Refusal
The applicant is informed when the prefect intends to refuse registration. The applicant may submit comments within 15 days.
He is also informed when the departmental council is seized, and he can be heard by the council or appoint, for this purpose, an agent to present his observations.
Submission for environmental authorization
The prefect can decide the application for registration is not sufficient and that the project must be examined in accordance with theenvironmental authorization :
- Either if, with regard to the location of the project, the environmental sensitivity of the environment justifies it. In this case, the project is also subject to environmental assessment.
- Either if the cumulative effects of the project with those of other facilities, works or works located in this area warrant it. In this case, the project is also subject to an environmental assessment.
- Either if the layout of applicable general requirements at the facility, requested by the operator, justifies it. In this case, the project is also subject to an environmental assessment (the file must include an impact study and not an impact study).
The prefect shall notify the applicant of his reasoned decision. That decision is made public.
Acceptance of the application for registration
The ICPE may be commissioning and operation where the application for registration has been accepted. This acceptance is materialized by a prefectural registration order.
The applicant shall be informed when the prefect intends to issue special requirements supplementing, reinforcing or improving the general requirements. The applicant may submit comments within 15 days.
He is also informed when the departmental council is seized, and he can be heard by the council or appoint, for this purpose, an agent to present his observations.
The prefectural registration decree lays down the requirements necessary for the prevention of risks and nuisances related to the implementation of the project, in particular on the environment, health and public safety. These include avoidance, reduction and compensation measures and their follow-up. It also sets the state in which the site will have to be returned by the licensee when the installation is permanently shut down.
It may also set, where relevant, a maximum volume of products stored or extracted.
Compliance with requirements
The operator shall comply with the general requirements for risk and nuisance prevention. They are specified in orders of the ministry responsible for the environment.
The National Institute for the Industrial Environment and Risks (INERIS) proposes a thematic regulatory aid providing access to the main regulatory texts that may concern a given installation:
Access to AIDA's thematic regulatory support
FYI
During the operation of the registered ICPE, the prefect may impose by complementary prefectural decree all the requirements necessary for the prevention of risks and nuisances.
Reporting of pollutant emissions and waste generated
Operators of ICPEs subject to authorization or registration shall send, by March 31 each year, for each installation, the reporting of pollutant emissions and waste generated by its installation via the online service GEREP :
General case
The prefectural registration decree sets the duration for which registration is granted. In the absence of a fixed duration, it shall be granted for an unlimited duration, as long as the ICPE is not amended or terminated.
The duration is systematically limited for the following ICPEs:
- Quarrying facilities
- Inert waste storage facilities.
Lapse after 3 years of absence from operation
Except in cases of force majeure or justified and accepted requests for extension of time, the validity of the registration ends when:
- Either the installation was not commissioned within 3 years
- Either the operation was interrupted for more than 3 consecutive years, following an inspection finding of the classified installations or information from the operator. The prefect may then give the licensee formal notice to cease operating its installation or the relevant part of its installation.
The permanent cessation of the operation may also be required by a formal notice issued by the prefect in the same circumstances.
FYI
Following the cessation of activity, the operator must monitor the ICPE, the conservation of stocks, the removal of dangerous, perishable or troublesome materials and of animals in the installation.
The operator of an ICPE shall declare, as soon as possible, to the inspection of classified installations accidents or incidents occurring as a result of the operation of this facility. This is mandatory for events likely to undermine risk prevention, in particular for the environment, health and public safety.
The operator shall transmit a accident report or, upon request, an incident report. It shall specify, in particular, the following:
- Circumstances and causes of the accident or incident
- Hazardous substances involved, if any
- Effects on people and the environment
- Emergency measures taken
- Measures taken or envisaged to avoid an accident or similar incident and to mitigate its effects in the medium or long term.
It is possible to report the accident or incident using one of the notification forms made available on the ARIA website of the Ministry for the Environment:
Notification sheets to inform the inspection of classified facilities of an accident or incident
Once completed, the accident or incident report must be sent to the classified facility inspection.
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Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
If further investigation reveals new elements modifying or supplementing this information or the conclusions drawn from it, the operator must update the information provided and transmit it to the prefecture.
Re-entry into service may require, on the decision of the prefect, a new authorization, a new registration or a new declaration.
FYI
The Prefect may prescribe the carrying out of evaluations and the implementation of remedies following accidents or incidents, in order to ensure the prevention of risks.
The modification of the activities or beneficiaries of registration is subject to specific regulations. The following cases are the subject of special provisions:
- Changes, especially in activity (volumes, nature, etc.)
- Displacement of the activity, for which the procedures are the same as for the most important modifications
- Change of beneficiary.
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Changes or moving the activity
There are 2 types of modifications, depending on the importance they have on the project:
- Substantial changes, the most important, including business travel
- Notable changes, the others.
Substantial changes or relocation of activity
Any substantial modification and any displacement of the activity require a new record. This renewal is subject to the same formalities as the initial registration.
This applies regardless of whether the modification occurs before the project is carried out or during its implementation or operation.
An amendment substantial an ICPE is an amendment that:
- Or meet quantitative thresholds and criteria set by order of the Minister responsible for the environment (the order depends on the category of the installation in the bill of materials)
- or is likely to cause significant hazards and disadvantages, in particular for the environment, health or public safety.
Notable changes
Amendments that are not substantial are significant amendments. Any significant modification (modification of the industrial process, change in the nature of the waste generated, new risks or impacts identified, etc.) must be notified to the prefect in writing with the help of a reporter with all the associated justifications. It's dropped off at the counter.
A significant change is the modification of the document justifying compliance with the requirements applicable to the installation, including the measures selected and the performance expected by the applicant to ensure compliance with those requirements.
Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
Please note
In case of doubt, the operator can carry out the procedure provided for the significant modifications. The prefect will inform him of the procedure to follow if he considers that the modification is substantial.
Change of beneficiary
The change of beneficiary of the environmental authorization requires a declaration to the prefecture (via the DREAL or the DDPP, depending on the project) or an authorization from the latter.
Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
This statement mentions:
- In the case of a natural person: the surname, forenames and domicile of the new operator
- In the case of a legal person, its name or business name, its legal form, the address of its registered office and the status of the declarant.
Cessation of activity
The cessation of activity consists of the following operations :
- Final shutdown
- Securing
- If necessary, determination of future use(s)
- Rehabilitation or rehabilitation.
The operator shall notify the prefect of the date of definitive shutdown of the installations at least 3 months before this dateand a list of the land concerned.
The notification shall indicate the measures taken or planned and the associated timetable, to ensure, as soon as the installations are permanently shut down, the safety of the land concerned on the site.
The notification of cessation of activity must be deposited with the prefecture.
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Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
Please note
The rehabilitation of the site may be postponed, especially when the land is not vacated.
The operator must send the justifications associated with this request at the same time as its notification of cessation of activity to the prefect.
The operator must also send a notification to the mayor or the president of theEPCI: titleContent and the owners of the land where the ICPEs concerned by the cessation of activity are located, including the following documents:
- Site Plans
- Studies and reports communicated to the administration on the environmental situation and on the successive uses of the site
- Proposals on the future use(s) it envisages for these lands. At the same time, he sends the prefect a copy of his proposals.
Who shall I contact
The Prefect must receive a copy of this notification.
The persons consulted shall notify the prefect and the operator of their agreement or disagreement on these proposals in a 3 months delay from the receipt of the operator's proposals. In the absence of any comments within that period, their opinion shall be deemed to be favorable.
In the event of a favorable opinion from all the persons consulted, the operator shall inform the prefect and the persons consulted of the future use(s) chosen for the land concerned. Failing agreement between the operator, the mayor or the president of theEPCI: titleContent and the owners of the land concerned, the use chosen for the land concerned is a use comparable to that of the last period of operation of the installations permanently shut down.
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Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
Please note
Deadlines may be extended, in particular in cases where the planned rehabilitation is clearly incompatible with the future use of the area.
1. Final shutdown
Final shutdown shall consist of to be completely discontinued or reduced to the point where they no longer fall under the ICPE nomenclature all the classified activities of one or more ICPEs of the same site. This does not include the continuation of other activities at the site and the release of the land.
2. Security
For the ICPE(s) concerned by the cessation of activity, the security measures shall include the following:
- Disposal of hazardous products and, for facilities other than waste storage facilities, management of the waste present
- Prohibitions or limitations of access
- Removing the risk of fire and explosion
- Monitoring the effects of the installation on its environment, taking into account a diagnosis proportionate to the stakes.
If necessary, operations undertaken as part of the security deployment are accompanied by temporary management measures or temporary restrictions on use.
The security of the ICPE is must be certified by a certified company in the field of polluted sites and soils or with equivalent expertise in the provision of services in this field.
The certificate of safety a model of which is indicated on Legifrance shall be forwarded to the classified facility inspection.
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Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
3. Identification of future uses and rehabilitation or rehabilitation
When a registered facility is permanently shut down, the prefectural registration order may have provided for the state in which the site must be returned.
If the prefectural registration decree does not mention this element, the operator or, failing that, the owner of the land on which the installation is located, places its site in such a state:
- That risk prevention is ensured, in particular for the environment, health and public safety
- That it allows a future use of the site determined by an agreement with the mayor or the president of theEPCI: titleContent. In the absence of an agreement, the restoration is carried out in order to allow a future use of the site comparable to that of the last operating period of the facility shut down.
The Agreement shall be as follows:
- The operator shall transmit to the mayor or the president of theEPCI: titleContent and to the owners of the ICPE land concerned by the cessation of activity: the site plans, the studies and reports communicated to the administration on the environmental situation and on the successive uses of the site, as well as its proposals on the future use or uses it envisages for these lands. At the same time, he sends the prefect a copy of his proposals.
- The mayor or the president of the EPCI shall notify the prefect and the operator of their agreement or disagreement on these proposals within 3 months of receipt of the operator's proposals. In the absence of any comments within that period, their opinion is considered favorable.
- In the event of a favorable opinion from all the persons consulted, the operator shall inform the prefect and the persons consulted of the future use(s) chosen for the land concerned.
The prefect may fix binding rehabilitation requirements where the rehabilitation is incompatible with the future use of the area with regard to:
- Planning documents in force on the date on which the licensee informs the administration of its decision to shut down the facility permanently
- The use of land in the vicinity of the site.
One binding deadline for the rehabilitation of the site may be required by the prefect.
At any time, even after the restoration of the site, the prefect may impose to the operator, by prefectural decree, the requirements necessary for risk prevention, in particular for the environment, health or public safety.
Please note
The rehabilitation of a site may be carried out by a third party, upon agreement of the operator and after approval of the prefecture.
4. Transmission of a rehabilitation brief
Rehabilitation Brief
The operator must transmit to the prefect within 6 months of final discontinuation one rehabilitation brief specifying the measures taken or planned to ensure the prevention of risks, in particular to the environment, health and public safety. This period may be extended by the prefect to take account of the particular circumstances linked to the situation of the installations concerned.
The thesis includes the diagnosis of the soil study including:
- The elements relating to the historical, documentary and memorial study of the investigated area
- Elements relating to the vulnerability of environments
- Investigations into the environments and the interpretation of their results
- The geographical data relating to the investigated area comprising in particular a plan delimiting this area, the boundary of the right-of-way of the site(s) and the list of associated cadastral parcels. Where applicable, the plan shall identify the different substances used at that or those sites
- A so-called conceptual scheme to understand the relationships between sources of pollution, transfer routes and the issues to be protected from an assessment of the state of the environment.
Depending on the conclusions of that diagnosis, that statement also includes:
- Rehabilitation objectives
- A management plan comprising:
- Management measures for the various environments impacted on and, where applicable, off-site (treatment of pollution sources and removal of concentrated pollution, particularly for soils and groundwater). These management measures are proposed by the operator. They are based on a cost-benefit balance taking into account the effectiveness of available techniques, the overall environmental impact and the cost that must remain economically acceptable.
- The work to be carried out to implement the management measures and the associated provisional timetable, as well as the arrangements made to ensure the monitoring and prevention of risks, during the work
- If necessary, the provisions provided at the end of the work to ensure the monitoring of environments, the conservation of memory and any restrictions on uses limiting or prohibiting certain developments or constructions, or certain uses of environments.
By way of derogation, the licensee may propose in its rehabilitation report that one or more concentrated pollution zones be maintained on site, subject to conditions.
Proposal of measures
Pollution management measures for the various environments impacted on the site and, if any, off-site, shall include at least the following:
- Treatment of pollution sources
- Removal of concentrated pollution when the results of the diagnosis carried out as part of the rehabilitation brief conclude that they are present.
These management measures are proposed by the operator. They are based on a cost-benefit balance taking into account the effectiveness of available techniques, the overall environmental impact and the cost that must remain economically acceptable. They must make it possible to achieve a state of the rehabilitated environment compatible with the uses determined for the land concerned by the installation shut down or the uses observed outside the site.
The licensee may propose in its remediation brief that one or more concentrated pollution zones be maintained on the site, when all of the following conditions are met:
- The maintenance of the site does not harm the environment, health or public safety.
- The maintenance on the site includes cutting off the transfer routes of concentrated pollution.
- The overall environmental impact of maintaining concentrated pollution on the site is more favorable than that of eliminating it.
- The adequacy statement of the proposed measures confirms that these conditions are met.
The prefect may lay down provisions enabling compliance with these conditions.
When the licensee proposes to derogate from the principle of elimination of concentrated pollution, the silence kept by the prefect for 4 months after the transmission of the certificate is deemed to be rejection.
The rehabilitation brief is accompanied by a attestation issued by a certified company in the field of polluted sites and soils or with equivalent expertise in the provision of services in this field. It attests to theadequacy of the proposed measures for the rehabilitation of the site in order to ensure the prevention of risks, in particular to the environment, health and public safety.
Additional measures may be requested depending on the content of the memory and the type of installation.
The silence kept by the prefect for 4 months after the transmission of the certificate is an agreement on the works and measures for monitoring the environments proposed by the operator. During this period, the prefect may request additional elements of assessment by reasoned decision. The time limit is then suspended until these elements are received.
Please note
By way of derogation, where the operator proposes to derogate from the principle of the elimination of concentrated pollution, the silence maintained by the prefect for 4 months after the transmission of the certificate shall constitute rejection.
Carrying out the work
When the prescribed work by the prefect or, failing that, defined in the rehabilitation memorandum are carried out, the operator shall do so attest by a certified company in the field of polluted sites and soils or with equivalent expertise in the provision of services in this field.
The operator sends this certificate to the prefect, mayor or president of theEPCI: titleContentand the owners of the land.
Who shall I contact
Unless the prefect objects or requests additional information within the 2 months at the end of the transmission of the certificate, the cessation of activity is considered complete.
At any time, even after the site has been restored, the prefect may impose on the operator, by prefectural decree, the requirements necessary for the prevention of risks, in particular the environment, health or public safety.
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Metropolitan France (including Corsica)
ICPE agricultural or agri-food sector
The department to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Population Protection (DDETSPP):
Other ICPEs
Île-de-France
The department to be contacted is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to be contacted is the Regional Directorate for the Environment, Planning and Housing (DREAL):
Guadeloupe
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Martinique
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
The Meeting
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
Mayotte
ICPE agricultural or agri-food sector
The department to be contacted is the Directorate for Food, Agriculture and Forestry (DAAF):
Other ICPEs
The department to be contacted is the Department of the Environment, Planning and Housing (DEAL):
French Guiana
The service to be contacted is the General Directorate for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
Please note
When the rehabilitation brief concludes that there is no need for management measures and works, and when the attestation mentioned confirms the relevance of this conclusion, the silence kept by the prefect for 4 months after the transmission of this attestation constitutes agreement on this lack of need for management measures and works.
Administrative penalties
In case of non-compliance with the regulations applicable to IATOs (ICPE, IOTA, etc.), the competent administrative authority (the prefect) formal notice the operator of the IATO or, failing that, the owner of the land, within a period to be determined by the Commission. The operator may make representations.
In the event of an emergency, the Prefect shall, by the same act or by a separate act, lay down the necessary measures to prevent serious and imminent hazards to health, public safety or the environment.
If, at the expiry of the time limit, the person served with formal notice has not implemented the prescribed measures, one or more of the following administrative penalties may apply:
- Require the person served with formal notice to pay in the hands of a public accountant before a specified date of payment of an amount corresponding to the amount of work or transactions to be carried out
- Impose, on behalf of the person served with formal notice and at his own expense, the execution of the prescribed measures. The amounts recorded are used to pay for the expenses incurred.
- Suspend the operation of the IATO until the conditions imposed have been fully complied with and take the necessary precautionary measures, at the expense of the person served with formal notice
- Order payment of a administrative fine at most equal to €45,000, and a daily penalty payment at most equal to €4,500 applicable from the date of notification of the decision fixing it until the formal notice or the measure ordered has been satisfied.
Fines and periodic penalty payments shall be proportionate to the seriousness of the infringements found and shall take into account, in particular, the extent of the disturbance caused to the environment.
The fine may not be pronounced beyond a period of 3 years as from the finding of non-compliance.
These sanctions may be published on the website of the prefecture of the department, for a period of between 2 months and 5 years.
Criminal sanctions
Penal sanctions may be accompanied by additional penalties.
Lack of authorization, registration or declaration
Operating or implementing an IOTA (ICPE, IOTA, etc.) without authorization, registration, the approval, approval or certification required shall be punishable byone year in prison and €75,000 fine (natural person) or €375,000 fine (legal person).
For IATOs subject to declaration, exploitation without declaration shall be punishable by €1,500 fine (natural person) or €7,500 fine (legal person). To continue this exploitation after a formal notice is sanctioned by a year of imprisonment and €15,000 fine (natural person) or €75,000 fine (legal person).
When the health, safety of people or the environment have been severely degraded, these penalties shall be increased to 3 years imprisonment and €150,000 fine (natural person) or €750,000 fine (legal person).
When it creates a immediate risk of serious harm and sustainable to the environment, these penalties shall be increased to 3 years imprisonment and €250,000 fine (natural person) or €1 250 000 a fine (legal person), which may be increased up to three times the advantage derived from the commission of the infringement.
Non-compliance with technical requirements
Operating or implementing an IOTA without complying with general rules and technical requirements set by the administrative authority shall be punished by €1,500 fine (natural person) or €7,500 fine (legal person). This also applies to requirements related to cessation of activity.
When it has seriously endangering the health or safety of persons or causing substantial environmental degradation, the operation or implementation of an IOTA without complying with requirements set by the administrative authority shall be punished by 2 years imprisonment and €75,000 fine (natural person) or €375,000 fine (legal person),
Non-compliance with a formal notice
Operating or implementing an IATT without complying with a formal notice enacted by the prefect is punishable by 2 years imprisonment and €100,000 fine (natural person) or €500,000 fine (legal person).
When it creates a immediate risk of serious harm and sustainable to the environment, the penalty shall be increased to 3 years imprisonment and €250,000 fine (natural person) or €1 250 000 a fine (legal person), which may be increased up to three times the advantage derived from the commission of the infringement.
When the health, safety of people or the environment have been severely degraded, the penalty shall be increased to 5 years imprisonment and €300,000 fine (natural person) or €1 500 000 fine (legal person).
Failure to comply with a formal notice to permanently discontinue an ICPE shall be punishable by 2 years imprisonment and €150,000 fine (natural person) or €750,000 (legal person).
Other regulatory violations
Failure to inform the Prefect in the event of a substantial change in the technical and financial capacities of the operator of an authorized ICPE shall be punishable by 6 months imprisonment and €75,000 fine (natural person) or €375,000 fine (legal person).
Failure to notify the prefect in the event of a modification of an ICPE shall be punished by €1,500 (natural person) or €7,500 (legal person).
A sentence of 2 years imprisonment and €100,000 fine (natural person) or €500,000 a fine (legal person) is provided for in the event of a breach of:
- Decision to oppose a declaration or to refuse authorization
- Measure to withdraw an authorization, registration, approval or certification
- Measure of closure, removal or suspension of an installation or structure
- Order of arrest, suspension or prohibition issued by the court
- Order of formal notice issued by the administrative authority (the prefect)
- Obligation to rehabilitate or monitor measures prescribed by the administrative authority.
When the health, safety of people or the environment have been severely degraded, the penalty shall be increased to 3 years imprisonment and €150,000 fine (natural person) or €750,000 fine (legal person).
When it creates a immediate risk of serious harm and sustainable to the environment, the penalty shall be increased to 3 years imprisonment and €250,000 fine (natural person) or €1 250 000 a fine (legal person), which may be increased up to three times the advantage derived from the commission of the infringement.
Authorization
Installations classified for environmental protection (ICPE) subject to authorization are those which:
- Present serious hazards or inconveniences to health, public safety and the environment
- Require special requirements.
FYI
One sheet dedicated to environmental authorization details the regulation of ICPEs subject to authorization.
To check whether the ICPE is subject to authorization, the company must consult the ICPE nomenclature. These are the facilities “ A ’ and ‘ A GF ’:
Nomenclature of ICPE and IOTA
National Institute of Industrial Environment and Risk (Ineris)
Pour en savoir plus
Legislation applicable to environmental assessment
Authorization for the emission of greenhouse gases
Legislation applicable to ICPE
Regulations applicable to environmental assessment
Details on raw biodiversity data
Regulations applicable to ICPE
ICPEs subject to reporting and periodic monitoring
Posting of the public consultation on the future website of a registered ICPE
Document template
Document template
Online service
Document template
Document template
National Institute of Industrial Environment and Risk (Ineris)
Ministry for the Environment
Ministry for the Environment
National Institute of Industrial Environment and Risk (Ineris)
National Institute of Industrial Environment and Risk (Ineris)
Ministry for the Environment
Ministry for the Environment
Ministry for the Environment
Ministry for the Environment
Ministry for the Environment
Ministry for the Environment
Ministry for the Environment
Ministry for the Environment
Ministry of Agriculture
National Institute of Industrial Environment and Risk (Ineris)
Ministry for the Environment
Ministry of Economy
Legifrance
Ministry of Ecological Transition and Territorial Cohesion