Installations classified for environmental protection (ICPE) are subject to authorization where the following two conditions are met:

• They present serious hazards or disadvantages to health, public safety and the environment
• They require special requirements.

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

If the installation project is covered by several headings, the most restrictive regime applies: authorization, then registration, then declaration.

The nomenclature includes in particular the installations ‘ FDI ” (headings 3xxx) and the installations concerned by the risks of so-called major accidents Seveso (headings 4xxx).

Environmental authorization includes equipment, facilities and activities included in the project the project leader for an ICPE meeting 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.

Environmental assessment prior to the application for authorization

The project can be subject to environmental assessment.

Where such an environmental assessment is mandatory, it must be carried out prior to the application for authorization.

Constitution of the file

The applicant for the environmental authorization may find out about the online service and on the preparation of the dossier request for environmental authorization via the guide to building the dematerialized file.

The model files referred to in this guide are available here:

• Warrant of deposit (case where a design office makes the application on behalf of the future operator)
• Plots (for land projects, if the list of parcels is filed via a file instead of the online table)
• Geographical references (for maritime or river projects, if the information is provided via a file instead of the online table)
• ERC Measurement File for the metropolis and its notice.

The applicant must also provide a hazard study.

The project leader may consider carry out your project in several stages, simultaneous or successive. It can then request separate environmental authorizations for each of the units that require them. This is possible under the following 2 conditions:

• The proposed division does not exempt the project from environmental authorization.
• The tranches are consistent with regard to environmental issues.

The environmental authorizations issued under this framework are supplemented in order to take into account the cumulative environmental impacts at the project level.

The environmental authorization application file must be supplemented by documents, documents and information specific to the project for which the application is made. These items are listed in the environment code (Items D181-15-1 to D181-15-12).

Financial guarantees

The constitution of financial guarantees is required of certain ICPE.

These ICPEs are indicated in the nomenclature by the code ‘ A GF ’:

Nomenclature of ICPE and IOTA

National Institute of Industrial Environment and Risk (Ineris)

Pour en savoir plus

Depending on the nature of the ICPEs, these guarantees are intended to ensure:

• Site monitoring
• Keeping the facility safe
• Possible interventions in the event of an accident before or after closure
• Rehabilitation after closure.

The authorization decree sets the amount of the financial guarantees required and the update of this amount.

As soon as the installation is put into operation, the licensee sends the prefect a document attesting to the provision of financial guarantees.

The application for environmental authorization must be submitted before the commissioning of the installation and the commencement of all associated necessary work.

It is strongly advised to approach the inspection of classified facilities to be accompanied upstream of the process.

The request can be made via an online service or by filing or sending the file. It is advisable to prioritize the online procedure.

Course of Instruction

As soon as the application for authorization is submitted, the applicant must receive a proof of deposit the file, issued by the prefect. If the file does not contain sufficient elements to carry out its examination and consultations, the Prefect invites the applicant to complete or regularize it within a reasonable period that he sets.

When it has been deemed complete and regular, the examination of the application for environmental authorization shall take place in 2 phases :

• Public Review and Consultation Phase
• Decision phase.

As soon as the file is complete and regular, the Prefect informs the petitioner of the opening of the examination and consultation phase.

1. Public review and consultation phase

Steps

This phase includes the examination of the case by the State services, the compulsory consultations of the various competent bodies and bodies, the consultations of municipal councils and other interested local authorities and the participation of the public.

Examination

The examination of the file lasts several months, as it is transferred to many authorities and bodies (municipal councils, regional health agencies, etc.) which issue an opinion on the project.

These opinions are delivered to the prefect within 45 days.

Rejection of the application

The application for environmental authorization may be rejected as early as the public review and consultation phase, in particular where:

• The opinion of one of the authorities or one of the bodies consulted by the prefect is unfavorable (for example, if concerned, the opinion of the minister in charge of the armed forces or the minister in charge of the sites, etc.).
• Authorization may not be granted under conditions sufficient to prevent risks, in particular to the environment, health and public safety.
• The draft is clearly incompatible with the local urban plan (PLU), the Water Management and Development Scheme (WMS) or the Master Plan for Water Management and Development (SDAGE).
• The project was completed companies before the application was completed.

This rejection is then notified to the project owner in the form of a prefectural decree.

This decision concludes the review and consultation phase. It shall be forwarded without delay by the Prefect to the President of the Administrative Court and to the Commissioner of Inquiry or to the Chairman of the Commission of Inquiry.

Public consultation

Conducted at the same time as the review of the file by the services and the mandatory consultations, the public consultation is said " parallel ».

Environmental authorization projects are systematically subject to public consultation may take the form of a public inquiry conducted by a commissioner of inquiry (or commission of inquiry) appointed by the administrative tribunal. She is organized by the prefect, no later than 15 days after receipt of the opinions of the authorities and bodies consulted by it.

Public consultation lasts 3 months. This period may not be suspended or extended.

A consultation file is compiled and made available to the public. It contains in particular the impact study of the project (or the impact study, if concerned), its non-technical summary, and the opinions collected by the prefect from various authorities and bodies during the examination of the file.

Public opinions are made public by the administration on a website. The applicant can respond.

The obligations of the project leader are as follows:

• Within the first 15 days of the consultation, the project holder subject to environmental authorization must organize with the commission of inquiry a opening public meeting.
• In the last 15 days of the consultation, the project holder subject to environmental authorization must organize with the commission of inquiry a closing public meeting.

The project leader is encouraged to participate.

The following information shall be made public throughout the consultation by the investigating commissioner on the website of the prefecture or on the website specifically dedicated to the consultation:

• Days, times and locations of the opening and closing public meetings. The day, time and place of the closing meeting shall be made public at least 7 days before the meeting
• Comments and proposals from the public
• Opinion of the authorities and bodies consulted by the prefect, or mention of a lack of opinion resulting from the expiry of the time limits
• Any additional information produced by the project leader
• Possible responses of the project leader to these opinions, comments and proposals from the public, including those collected at the closing meeting. These replies, with the exception of the reply to the opinion of the environmental authority, are optional. Responses to public comments and proposals may be submitted and published in one go, at the latest by the end of the public consultation.

The consultation website must comply with the requirements indicated in an order available here.

At the end of the public consultation period, the investigating commissioner meets with the project leader and communicates to him the observations and proposals of the public previously recorded. The project leader has a deadline of 5 days to comment.

Within a period of 3 weeks as from the end of the consultation, the commission of inquiry must issue a report, which shall include the following:

• Reminder of the project object
• List of documents in the consultation file
• Conclusions of the Committee of Inquiry
• Analysis of the proposals collected during the public consultation
• Comments from the Project Authority in response to public comments.

This report is made public. It is transmitted by the prefect to the applicant.

2. Decision phase

Unrolled

One draft prefectural decree deciding on the application for environmental authorization is communicated by the prefect to the applicant, who has 15 days to submit any comments in writing. It indicates either a refusal to operate the facilities or an environmental authorization allowing their operation.

The decision phase generally lasts 2 to 3 months. It is possible during this period that the application will be the subject of a consultation by the members of the departmental advisory body: CODERST (Departmental Council for the Environment and Health and Technological Risks) or CDNPS (Departmental Commission for Nature, Landscapes and Sites – “wind” training or “quarry” training), depending on the project.

The Prefect must respond to the request for environmental authorization within 2 months from the day on which the report and conclusions of the investigating commissioner are sent or the public comments and proposals are summarized by the prefect to the applicant.

This period may, however, be extended, in particular by reasoned order of the prefect, within the limit of 2 months, or for a longer period if the applicant gives his agreement.

This period shall be suspended:

• In the event that the project is clearly incompatible with the local urban plan (PLU), until the modification of the PLU
• If the prefect requests a third-party expertise because the project presents dangers or disadvantages of particular importance, from this request until the production of the expertise
• Where the procedure is combined with the procedure for the award of a mining title, until the issue of that title.

The environmental authorization decision is materialized by a prefectural decree of environmental authorization. It is published on the website of the department where it was issued, for at least 4 months.

Requirements associated with the authorization

When the decision is to authorize the project, the prefectural environmental authorization decree sets out the requirements necessary for the prevention of risks and the reduction of 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.

Risk prevention

The environmental authorization shall mention measures to ensure the prevention of the hazards or disadvantages of ICPE, in particular for the environment, health and public safety.

Compliance with requirements

The operator shall also respect the general requirements on risk prevention. They are specified in prefectural decrees and decrees of the Ministry of 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 IOT:

Access to AIDA's thematic regulatory support

Ineris also lists the ministerial prescriptions orders applicable to installations on the ICPE nomenclature page:

Nomenclature of ICPE and IOTA

National Institute of Industrial Environment and Risk (Ineris)

Pour en savoir plus

During the implementation of the project, when the project presents hazards or inconveniences of particular importance, the prefect may request a third-party expertise. The latter may carry out an analysis of elements of the file requiring specific verifications.

This third-party expertise is carried out by an external body chosen in agreement with the operator's administration and at the operator's expense.

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 :

Annual remote reporting of pollutant emissions (GEREP)

Keeping a register of soil conditions

Some operators of classified facilities must maintain a soil pollution report. These are the following ICPEs:

• Geological storage sites for carbon dioxide
• ICPE Seveso high threshold
• Careers
• Waste storage facilities.

These operators shall update with each notable change operating conditions a state of the pollution of the soils on which the installation is located. This status is transmitted by the operator to the service concerned, the mayor of the municipality concerned or the president of theEPCI: titleContentand the owner of the land on which the installation is located.

General case

The prefectural environmental authorization decree sets the duration for which the environmental authorization is granted. In the absence of a fixed duration, it shall be granted for an unlimited duration, as long as the installation is not modified or shut down.

No commissioning

The environmental authorization order no longer valid when the project has not been commissioned or completed :

• Either within the time limit set by the authorization order
• Either within 3 years from the day of notification of the authorization.

This period shall be suspended in the event of an appeal to the administrative court against the environmental authorization order, its supplementary orders, the building permit or the decision not to object to prior notification.

An exception may be granted in the event of force majeure or a justified and accepted request for an extension of time.

Lapse after 3 years of cessation of activity

Except in cases of force majeure or a justified and accepted request for an extension of time, the authorization order ends when the operation has been 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.

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.

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.

The modification of the activities or beneficiaries of the authorization is subject to specific regulations. The following cases are the subject of special provisions:

• Changes, especially in activity (volumes, nature, etc.)
• Change of beneficiary: the beneficiary transfers the entire authorization to another person.
• Partial transfer of the benefit of the authorization: the beneficiary transfers part of its authorization to another operator.

A request for renewal must be sent to the prefect by the beneficiary not later than 6 months before the expiry date of the authorization.

The application must present the following:

• Analyses, measurements and checks carried out
• Observed effects on the environment and incidents
• Changes envisaged in the light of this information or the difficulties encountered in the application of the authorization.

The extension and renewal of an environmental authorization shall be subject to the issue of a new authorization:

• If they include a substantial change of the authorized project
• In the event of a substantial change in the circumstances that allowed the initial authorization to be issued (e.g. a change in regulations).

This application shall be subject to the same formalities as the initial application for authorization if it provides for a substantial modification to the authorized activities, installations, works and works.

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. This period shall be at least 6 months for waste storage facilities, geological carbon dioxide storage sites and quarries.

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.

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, 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.

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.

List of certified service providers by field of activity

Ministry of Economy

Pour en savoir plus

The certificate of safety a model of which is indicated on Legifrance shall be forwarded to the classified facility inspection.

3. Identification of future uses and rehabilitation and rehabilitation

Site rehabilitation provisions of an ICPE subject to authorization depend on the date of authorization of the installation.

A binding deadline for the rehabilitation of the site may be required by the prefect.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Authorization before 1 February 2004

Where an installation authorized before 1^er February 2004 is permanently shut down, its 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.

How is the agreement on the future use of the site set?

The Agreement shall be as follows:

1. 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.
2. The mayor, or the president of the EPCI, shall notify the prefect and the operator of his agreement or disagreement on these proposals within 3 months of receipt of the operator's proposals. In the absence of any comments within this period, the opinion is considered favorable.
3. 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.

Authorization after 1 February 2004

It's the operator or, failing that, the owner of the land on which the installation is located, which is responsible for site rehabilitation.

The prefectural environmental authorization order determines the state in which the site will have to be returned to its final cessation, so that risk prevention is ensured, in particular for the environment, public health and safety.

Rehabilitation must allow 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 facilities for which authorization is requested.

How is the agreement on the future use of the site set?

The Agreement shall be as follows:

1. 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.
2. 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.
3. 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.

The operator must be certified by a certified company in the field of polluted sites and soils or with equivalent competence in the provision of services in this field:

• The implementation of security measures
• The adequacy of the measures proposed for the rehabilitation of the site
• The implementation of the proposed measures for the rehabilitation of the site.

List of certified service providers by field of activity

Ministry of Economy

Pour en savoir plus

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 that includes:
  
  • Management measures for the various environments impacted on and, where available, off-site (treatment of pollution sources and removal of concentrated pollution, in particular for soil 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.
  • Work to be carried out to implement the management measures and the associated provisional timetable, as well as the measures taken to ensure the monitoring and prevention of risks, during the work
  • If necessary, 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 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.

List of certified service providers by field of activity

Ministry of Economy

Pour en savoir plus

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.

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.

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.

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.