Installations, works, works, activities (IOTA)

Verified 25 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The installations, works, works and activities (IOTA) are projects that have impacts or have dangers for the aquatic environment and water resource : abstractions, discharges, impacts on the aquatic environment, the marine environment, public safety, etc. For these reasons, IOTAs are subject to specific regulations.

Some IOTA are also classified installations for the protection of the environment (PCI) or are included in PCIs. In this case, the legislation applicable to PCIs and IOTAs must be respected.

Statement

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
  • Drying, watering, waterproofing or filling of wetlands or marshes (heading 3.3.1.0. of the nomenclature)
  • Discharge of stormwater to surface fresh water or to soil or subsoil (section 2.1.5.0)

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

Please note

Below the reporting threshold, IOTA is referred to as " Non-Classified (CN) and is subject to the mayor's police: the departmental health regulations apply.

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.

FYI  

IOTAs which, after having been regularly placed in service, are subject to a declaration, may generally continue to operate without that declaration, grandfather rights. The only condition is that the operator has already made himself known to the prefect or made himself known to him within one year of this submission.

The holder of the IOTA project must ensure that comply with the 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.

Warning  

Work to prevent a serious and immediate danger may be undertaken without the submission of the declarations or authorizations to which they are subject. The operator must immediately inform the prefect.

In France, water resources are watershed management. To oversee this management, agencies (in metropolis) and Water Offices (in the overseas departments and regions) have been created.

Water Agencies and Offices may help manufacturers, farmers, and other IOTA project developers in the financing, support and enhancement of their projects and initiatives to act on health, the living environment, the preservation of water resources and biodiversity.

In particular, they may accompany project promoters:

The 6 Water Agencies are:

  • Adour-Garonne
  • Artois-Picardie
  • Loire-Bretagne
  • Rhine-Meuse
  • Rhône Mediterranean Corsica
  • Seine-Normandy
Who shall I contact

The 5 Water Offices are:

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 environmental assessment fact sheet details the projects concerned and the course of the evaluation.

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.

Please note

The compilation of the dossier is complex. It is recommended to use a design office.

If the project is a facility subject to declaration, registration or authorization under classified installations for the protection of the environment (PCI) and includes reportable IOTAs, the PCI declaration, registration or authorization procedure is the only procedure to be carried out.

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.

Who shall I contact

Please note

The prefect may oppose the proposed operation if it appears that it:

  • Is incompatible with the provisions of the master plan for water management and development or the master plan for water management and development
  • Causes a serious breach of water resources, public health or public safety to such an extent that no prescription could be made to remedy the breach

Statement

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

Online

The declaration may be performed via an online service.

File an IOTA Declaration (Facilities, Works and Activities)

Following the statement, a proof of deposit of the declaration shall be issued immediately by electronic means.

On-site or by mail

The request may also be submitted in paper form (1 copy). It must then also be sent in electronic format.

The declaration file must be deposited or sent to the dedicated office in the prefecture (DDT), in the department where IOTA is to be located.

Who shall I contact

Following receipt of the declaration, a proof of deposit.

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.

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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 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 to transmit raw biodiversity data acquired in the course of assessment studies and 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.

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.

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.

Please note

In the 2 months after receiving the complete file, the prefect may issue additional requirements in order to avoid possible impacts on the environment or to oppose the declaration. This period is interrupted when the prefect submits the project for a case-by-case environmental assessment review.

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.

Warning  

Where IOTA has ceased to be in operation for a period of at least 2 years, a declaration must be made to the prefecture.

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

Please note

The requirements applicable to IOTA may be modified :

  • At the operator's request to the prefect, from the end of the period within which the prefect may oppose the declaration (generally, 2 months). If this request has not been answered within 3 months, it shall be considered rejected.
  • By order of the prefect binding on the operator, of which the operator must be aware at least 15 days before its publication

Appropriate means of measurement or evaluation

Facilities for carrying out sampling surface water or spills and groundwater pumping facilities 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.

Please note

Hydraulic structures are subject to specific safety and security provisions.

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: titleContent.

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.

Who shall I contact

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.

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Changes

Any changes provided by the operator to the IOTA shall be notified to the prefect before its completion.

This concerns the related amendments:

  • At work or installation
  • How it is used
  • The execution of the works or the fitting-out resulting therefrom or the exercise of the activity or in its vicinity, such as to result in a significant change in the elements of the initial declaration dossier

The prefect may require a new declaration.

Change of beneficiary

Where the benefit of the declaration is transferred to a person other than the person mentioned in the declaration file, the new beneficiary shall make the declaration to the prefect within three months which follow the management of IOTA or the beginning of the pursuit of its activity.

The statement states:

  • In the case of a natural person, the full name and address of the new beneficiary
  • In the case of a legal person, the name or business name, legal form, address of the registered office and capacity of the signatory of the declaration

Please note

In the case of an installation or structure mentioned in 3.2.5.0 and 3.2.6.0 or installations using hydraulic energy, this declaration shall be made before the change of beneficiary.

It must be accompanied by documents proving the technical and financial capacity of the transferee. The Prefect shall give notice of such refusal or give notice of his refusal within two months.

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.

FYI  

Following cessation of operations, the operator shall monitor the IOTA, the flow of water, the preservation and the disposal of the polluting substances of which he had custody or which he contributed to the accumulation and which are liable to be carried by water.

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.

Judicial police officers and officers and environmental inspectors are powers to investigate and establish infringements of the IOTA rules.

This is also the case for many other agents of the state, such as coast guards and agents of the stateNFB: titleContent.

Please note

As regards IOTAs, theOFB: titleContent is in charge of judicial police and the DDT: titleContent in charge of administrative policy water.

Administrative sanctions

In case of non-compliance with the rules applicable to AIOTs (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 payment of a administrative fine at most equal to €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

Criminal sanctions 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 IOTA 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.

Authorization

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, any discharge of domestic waste water with a gross load of organic pollution of at least 1,2 kg of BOD5.

Facilities, works, works and activities (IOTA) likely to present dangers to public health and safety, including water withdrawals for irrigation in favor of a single organism, are subject to authorization.

FYI  

One environmental authorization fact sheet details the regulation of IOTAs subject to authorization.

To check whether IOTA is subject to authorization, the company should consult the PCI nomenclature (which incorporates the IOTA nomenclature). These are the IOTAs " A ’:

Nomenclature of PCIs and IOTAs

National Institute of Industrial Environment and Risks (Ineris)

Pour en savoir plus

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