Installations, works, works, activities (IOTA)

The facilities, works, works and activities are IOTA if they result in at least one of the following:

• Samples from surface water or groundwater of at least 1 000 m³ per year, whether or not returned
• A change in the level or pattern of water flow
• Destruction of spawning grounds, growth or feeding areas for fish fauna or spills
• Direct or indirect, chronic or episodic flows, discharges or deposits, whether or not non-polluting
• A domestic waste water discharge with a gross organic pollution load of at least 1,2 kg of BOD5

Facilities, works, works and activities (IOTA) that are reportable are those that are not likely to pose a risk to public health and safety. They must comply with general rules the preservation of the quality and distribution of surface, groundwater and sea water within territorial waters.

To check whether IOTA is reportable, the company should consult the PCI nomenclature (which incorporates the IOTA nomenclature). These are the IOTAs " D ’:

Nomenclature of PCIs and IOTAs

National Institute of Industrial Environment and Risks (Ineris)

Pour en savoir plus

The IOTAs located within the protection perimeter of a natural mineral water spring declared to be in the public interest and involving sampling or underground work operations shall be systematically subject to authorisation. That applies including if they are subject to declaration according to the nomenclature.

The holder of the IOTA project must ensure that comply with specific regulations applicable to its installation. These include offshore renewable energy facilities, research and mining operations, and licensed hydroelectric companies.

The IOTAs of headings 5.1.1.0 to 5.2.3.0 of the Nomenclature are subject to specific provisions and the reporting procedure applicable to them differs.

Multiple IOTA must be declared in a single declaration when all of the following circumstances are present, whether they occur simultaneously or successively:

• They are carried out by the same person, the same holding or the same establishment.
• They concern the same aquatic environment.
• Individually, they are below the threshold of the IOTA reporting nomenclature.
• Together they exceed the threshold set by the nomenclature of reportable IOTAs.

Pre-Declaration Environmental Assessment

Audit of the Environmental Assessment Submission

Prior to the declaration, the holder of the project submitted for declaration shall check if your project is subject to an environmental assessment.

To determine whether a project is routinely subject to environmental assessment, is not, or may be subject to environmental assessment (case-by-case review), consult the environmental assessment nomenclature :

Nomenclature of projects subject to environmental assessment

Legifrance

Pour en savoir plus

It is also possible to question the prefecture (DREAL or DDT).

Implementation of the environmental assessment

The project is:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Subject to environmental assessment

The different environmental assessment steps are:

• The development of a environmental impact assessment report (impact assessment for projects, environmental impact report for plans and programs) by the project developer
• The conduct of planned consultations, including consultation of the environmental authority (the prefecture), which gives an opinion on the project, plan, program and the environmental impact assessment report, and public consultation
• Theexamination by the prefecture the information contained in the assessment report and received in the course of the consultations

What is environmental assessment?

Ministry of the Environment

Pour en savoir plus

The environmental assessment must be filed via an online service :

Consultation and submission of projects for impact assessment (Environmental Assessment)

Raw biodiversity data

Proponents of projects that have carried out an environmental assessment must pouring raw biodiversity data acquired in the course of evaluation studies and of measures to monitor environmental impacts, in particular those relating to avoidance, reduction or compensation measures.

The release of raw biodiversity data, acquired in the course of evaluation studies, must be carried out:

• Before the start of the public participation procedure where required
• Before the decision referred to in that subparagraph, where no public participation procedure is required

This payment shall take place via environment-projects.gouv.fr or via the online service Depobio :

Depobio: platform for the legal deposit of biodiversity data

Please note

The capture or disbursement of raw biodiversity data, acquired during environmental impact monitoring measures, should be within 6 months after completion of each data acquisition campaign.

Subject to case-by-case examination

The request must be made by completing the dedicated form and forwarding it to the prefecture (DREAL or DDT).

How do I contact the relevant department at the prefecture?

The service to contact is:

• The Regional Directorate for the Environment, Planning and Housing (DREAL)
• Either the Water Police Service of the Departmental Directorate of Territories (DDT)

Who shall I contact

Pivot Local Pivot Local What is your city or postal code ? Example: Sainte-Cécile-les-Vignes or 95200

• Regional Directorate for Environment, Planning and Housing (Dreal)

• Departmental management in charge of territories (DDT or DDTM)

The operator will then be subject or not to an environmental assessment.

Not subject to environmental assessment

The operator may report directly.

Preparation of the file

The registrant may inquire about the teleprocedure and the preparation of the declaration file via the IOTA reporting teleprocedure preparation guide.

Several IOTA declarations intended to be made on the same site and by the same person may constitute a single declaration.

Several declarations relating to related operations or operations related to the same activity may be the subject of a common procedure where they are located in a sub-basin or a group of sub-basins corresponding to a hydrographic unit or a coherent aquifer system.

It is strongly recommended to get closer to the Regional Directorate of Environment, Planning and Housing (DREAL) or the Departmental Directorate of Territories (DDT) to be accompanied upstream of the approach.

Statement

The statement on an IOTA shall be sent front commissioning of the installation and start of all associated necessary works.

Time to commissioning installation

The declarant shall wait before commencing operations or associated works at IOTA.

The prefect may, within 15 days and if no environmental assessment has been conducted, submit the facility to a case-by-case environmental assessment review.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Case-by-case examination

Environmental assessment required

The different environmental assessment steps are:

• The development of a environmental impact assessment report (impact assessment for projects, environmental impact report for plans and programs) by the project developer
• The conduct of planned consultations, including consultation of the environmental authority (the prefecture), which gives an opinion on the project, plan, program and the environmental impact assessment report, and public consultation
• Theexamination by the prefecture the information contained in the assessment report and received in the course of the consultations

What is environmental assessment?

Ministry of the Environment

Pour en savoir plus

The environmental assessment must be filed via an online service :

Consultation and submission of projects for impact assessment (Environmental Assessment)

Raw biodiversity data

Proponents of projects that have carried out an environmental assessment must pouring raw biodiversity data acquired in the course of evaluation studies and of measures to monitor environmental impacts, in particular those relating to avoidance, reduction or compensation measures.

The release of raw biodiversity data, acquired in the course of evaluation studies, must be carried out:

• Before the start of the public participation procedure where required
• Before the decision referred to in that subparagraph, where no public participation procedure is required

This payment shall take place via environment-projects.gouv.fr or via the online service Depobio :

Depobio: platform for the legal deposit of biodiversity data

Please note

The capture or disbursement of raw biodiversity data, acquired during environmental impact monitoring measures, should be within 6 months after completion of each data acquisition campaign.

Once the environmental assessment has been completed, the notifier shall forward the decision given to the prefect by the examining authority on a case-by-case basis.

How do I contact the relevant department at the prefecture?

The service to contact is:

• For agricultural or agri-food sector PCIs: the Departmental Directorate for the Protection of Populations (DDPP)

Who shall I contact

Pivot Local Pivot local service en ligne. What is your city or postal code ? Example: Sainte-Cécile-les-Vignes or 95200

• Departmental Directorate for the Protection of Populations (DDPP)

• For other PCIs: the Regional Directorate for Environment, Planning and Housing (DREAL)

Who shall I contact

• Regional Directorate for Environment, Planning and Housing (Dreal)

Following the evaluation, the prefect expressly opposes the declaration and submits the draft to environmental authorization.

No environmental assessment

The declarant shall forward to the prefect the decision of the examining authority case by case.

The prefect has a deadline of 2 months to oppose the declaration or impose special requirements.

How do I contact the relevant department at the prefecture?

The service to contact is:

• For agricultural or agri-food sector PCIs: the Departmental Directorate for the Protection of Populations (DDPP)

Who shall I contact

Pivot Local What is your city or postal code ? Example: Sainte-Cécile-les-Vignes or 95200

• Departmental Directorate for the Protection of Populations (DDPP)

• For other PCIs: the Regional Directorate for Environment, Planning and Housing (DREAL)

Who shall I contact

• Regional Directorate for Environment, Planning and Housing (Dreal)

Lack of examination or evaluation done

Yes, 15 days upon receipt of the declaration, the project is not subject to case-by-case review or environmental assessment, the proceedings are continuing.

Within a period of 15 days after receipt of the declaration, the applicant shall receive a reply:

• Where the declaration is incomplete, an acknowledgement of receipt indicating the missing parts and invites the declarant to provide them within a time limit set by the prefect, less than 3 months. If the declarant does not produce all the documents or information indicated within the time limit set for him, the IOTA declaration shall be deemed to have been refused (tacit opposition).
• Where the declaration is complete, a declaration receipt which indicates:
  
  • Either the date on which, in the absence of opposition, the proposed operation may be company
  • Or the absence of opposition, which allows this operation to be undertaken without delay when the prefect does not submit the project to an environmental assessment. The receipt shall be accompanied by a copy of general requirements applicable.

IOTA can then be realized or commissioned :

• Either on the date indicated by the Prefect when he decided not to oppose the declaration
• Immediately following the Prefect's decision not to object to the statement and not to make a case-by-case submission for environmental assessment
• Or, unless otherwise specified by the Prefect, on the expiry of a period of two months after receipt of the complete declaration file by the Prefect. This period shall exclude the time allocated, if the project is concerned, to the case-by-case examination.

Period of validity of the declaration

Once the IOTA has been declared and commissioned in accordance with the regulations, the declaration shall not be limited in time. As long as the IOTA is not modified or discontinued, the declaration shall remain valid.

No commissioning

Except in cases of force majeure or a justified and accepted request for an extension of time, the validity of the declaration shall end where the placing in service or performance of the IOTA has not taken place within a period of:

• Or laid down by a prefectural decree laying down specific requirements
• Either by 3 years

This period is suspended in the event of an appeal to a court, for example concerning the project construction permit or the declaration receipt.

Compliance with requirements

The operator shall comply with general risk prevention requirements. They are specified in prefectural orders and orders of the Ministry responsible for the environment. The project must also respect the characteristics transmitted in the declaration file. If there are any, they must also respect the special requirements indicated by the prefect.

The National Institute of the Industrial Environment and Risks (Ineris) proposes a themed regulatory aid providing access to the main regulatory texts that may concern a given project:

Access to AIDA's themed regulatory help

The Ineris also lists the ministerial orders of prescription applicable to IOTAs:

List of IOTA General Prescribing Orders

National Institute of Industrial Environment and Risks (Ineris)

Pour en savoir plus

Appropriate means of measurement or evaluation

Facilities for carrying out sampling surface water or spills and groundwater pumping installations must have appropriate and approved means of measurement or evaluation.

Their operators or, if there are no operators, their owners must install and operate them.

Of measures must be recorded and recorded in a register each month. The information to be mentioned is:

• The volumes picked
• If relevant, the number of pumping hours
• Use and conditions of use
• Any variations in quality that may have been observed
• The conditions under which the water withdrawn is discharged
• Changes in the water regime
• Incidents occurring in the operation of the installation or the counting of samples and in particular pumping stoppages

This register must be kept for 3 years. When water is withdrawn by pumping, the measurement is carried out by means of a water meter.

This register must be provided upon request by the administration (e.g. inspection of classified installations).

Provisions specific to works located in the bed of a watercourse

Any structure to be built in the bed of a watercourse must include devices for maintaining a minimum flow rate in this bed. These must guarantee at all times the life, circulation and reproduction of the species living in the waters at the time of installation of the structure and, where appropriate, devices preventing the entry of fish into the supply and escape channels.

This does not apply to the Rhine or to international parts of shared watercourses.

The operator of the work shall to ensure operation and maintenance devices ensuring these minimum flows in the bed of the watercourse.

The regulations may differ depending on the watercourse in question. It is advisable to inquire about the watercourses on which the work will have to be settled with the prefecture.

Any incident or accident in connection with the implementation of an IOTA which is likely to be harmful to health, public safety or the environment must be declared to the prefect and the mayor or president of theEPCI.

The person causing the incident or accident and the operator or, if there is no operator, the owner shall, as soon as they are aware of it, take or cause to be taken all possible measures for:

• Ending the cause of danger or harm to the aquatic environment
• Assess the consequences of the incident or accident
• Dealing with the consequences of the incident or accident

The prefect may prescribe the measures to be taken to put an end to the damage found or to limit its gravity and, in particular, the analyzes to be carried out.

In the event of failure to act, and if there is a risk of pollution or destruction of the natural environment, or for public health and the supply of drinking water, the prefect may take or cause to be carried out the necessary measures at the expense and risk of the persons responsible.

The prefect may decide that the return to service of an IOTA temporarily out of use for an accidental reason, shall be subject to a new authorization or declaration :

• If the return to service results in changes to the IOTA or changes in its operation or operation
• If the accident reveals risks that were insufficiently taken into account initially

Following the incident or accident, the operator shall to monitor:

• IOTA
• The flow of water
• The conservation of the polluting substances in his custody or in the accumulation of which he contributed and which are likely to be carried by water
• The disposal of pollutants in his custody or in the accumulation of which he contributed and which are likely to be carried by water

The modification of activities and the change of beneficiary of the declaration are subject to specific regulations.

The cessation of activity of an IOTA for a period of more than 2 years, including if it is definitive, shall be subject to statement by the operator or, failing that, by the owner, with the prefect within the following month:

• Or the final judgment
• Let's say the shutdown for 2 consecutive years

The declaration of cessation of operation of more than 2 years shall be accompanied by a note explaining the reasons for this discontinuation and the estimated date of resumption of that holding. The prefect may issue protective orders to protect health, public safety or the environment during this period of detention.

Specific provisions shall apply to licensed hydraulic companies.

Where an IOTA is permanently discontinued, the operator or, failing that, the owner restores the site to a state where no harm can be done the objective of balanced management of the water resource, health or public safety.

It shall inform the prefecture of the cessation of the activity and of the measures taken.

Administrative sanctions

In case of non-compliance with IOTA regulations (ICPE, IOTA, etc.), the competent administrative authority (the prefect) formal notice the operator of the IOTA or, failing that, the owner of the land, within a time limit which it shall determine. The operator may submit his observations.

In cases of urgency, the prefect shall, by the same act or by a separate act, fix necessary measures to prevent serious and imminent dangers to health, public safety or the environment.

Yes, to 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 sanctions may apply:

• Require the person given notice to pay to a public accountant before a specified date an amount corresponding to the amount of the work or operations to be carried out
• To have the prescribed measures carried out of his own motion, in place of the person given notice and at his own expense. The amounts recorded shall be used to settle the expenses incurred in this way.
• Suspend the operation of the IOTA until the conditions imposed have been fully complied with and take the necessary precautionary measures, at the expense of the person given notice
• Order the payment of an administrative fine not exceeding €45,000, and one daily penalty payment at most equal to €4,500 applicable from the notification of the decision fixing it until the formal notice or the ordered measure is satisfied.

The fines and periodic penalty payments shall be proportionate to the seriousness of the infringements found and shall take account in particular of the extent of the disturbance caused to the environment.

The fine may not be pronounced after a period of three years from the time the deficiencies are established.

These sanctions can be published on the website of the department's prefecture, for a period of between 2 months and 5 years.

Criminal sanctions

The criminal sanctions indicated may be accompanied by additional penalties.

Absence of authorization, registration or declaration

Operating or implementing an IOTA (PCI, IOTA, etc.) without authorization, registration, the approval, approval or certification required shall be subject toone year in prison and €75,000 of fine (natural person) or €375,000 of fine (legal person).

For notifiable OITIs, the holding in the absence of a declaration shall be punished by €1,500 fine (natural person) or €7,500 fine (legal person). Continuing this exploitation after a formal notice is sanctioned with a year of imprisonment and €15,000 fine (natural person) or €75,000 fine (legal person).

When the health, safety of persons or the environment have been seriously degraded, those penalties shall be increased to 3 years imprisonment and €150,000 fine (natural person) or €750,000 fine (legal person).

When this creates a immediate risk of serious harm and enduring environment, those penalties shall be increased to 3 years imprisonment and €250,000 fine (natural person) or €1,250,000 (legal person), which may be increased to three times the amount of 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 fixed by the administrative authority shall be punished by €1,500 fine (natural person) or €7,500 fine (legal person). This shall also apply to discontinuance requirements.

When it has seriously endangered the health or safety of persons or caused substantial degradation of the environment, operating or implementing an OITO subject to without complying with the requirements fixed by the administrative authority shall be punished by 2 years imprisonment and €75,000 fine (natural person) or €375,000 fine (legal person),

Failure to comply with a formal notice

Operating or implementing an OITI without complying with a formal notice issued by the prefect shall be punished by 2 years imprisonment and €100,000 of fine (natural person) or €500,000 of fine (legal person).

When this creates a immediate risk of serious harm and enduring environment, this penalty shall be increased to 3 years imprisonment and €250,000 fine (natural person) or €1,250,000 (legal person), which may be increased to three times the amount of the advantage derived from the commission of the infringement.

When the health, safety of persons or the environment have been seriously degraded, this 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 a PCI shall be punishable by 2 years imprisonment and €150,000 of fine (natural person) or €750,000 (legal person).

Other regulatory violations

Failure to inform the prefect of any substantial change in the technical and financial capacity of the operator of an authorized PCI shall be punishable by 6 months imprisonment and €75,000 fine (natural person) or €375,000 fine (legal person). Failure to notify the prefect of a modification of a PCI 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:

• A decision opposing a declaration or refusing authorization
• A measure withdrawing an authorization, registration, approval or certification
• The closing, removal or suspension of an installation or structure
• An order of the court for the arrest, suspension or prohibition of proceedings
• Order of formal notice issued by the administrative authority (the prefect)
• Rehabilitation obligations or monitoring measures prescribed by the administrative authority

When the health, safety of persons or the environment have been seriously degraded, this penalty shall be increased to 3 years imprisonment and €150,000 fine (natural person) or €750,000 fine (legal person).

When this creates a immediate risk of serious harm and enduring environment, this penalty shall be increased to 3 years imprisonment and €250,000 fine (natural person) or €1,250,000 (legal person), which may be increased to three times the amount of the advantage derived from the commission of the infringement.