Facilities classified for environmental protection (ICPE) are subject to authorization when the following 2 conditions are met:

• They pose serious risks or disadvantages to health, public safety and the environment
• They require special requirements

To check if the PCI is subject to authorization, the company should consult the PCI nomenclature. These are the facilities " A and " A GF ’:

Nomenclature of PCIs and IOTAs

National Institute of Industrial Environment and Risks (Ineris)

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If the installation project is covered by more than one heading, the most stringent regime applies: authorization, registration, then declaration.

The nomenclature shall include, in particular, installations FDI ' (headings 3xxx) and installations affected by major-accident hazards known as Seveso (headings 4xxx).

Environmental authorization includes equipment, facilities and activities included in the project of the PCI project holder meeting one of the following criteria:

• Necessary for this PCI
• The proximity of which is such as to significantly modify the dangers or disadvantages of PCI

Environmental Assessment Prior to 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.

Preparation of the file

The applicant for the environmental authorization may learn more about the online service and on the preparation of the dossier environmental permit application through the guide to building the paperless folder.

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

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

The applicant must also provide a hazard study.

The project owner may consider to carry out its project in several stages, simultaneously or successively. It can then request separate environmental authorizations for each of the slices that require them. This is possible under the following 2 conditions:

• The proposed subdivision does not exempt the project from the environmental authorization
• The tranches shall be consistent with environmental issues

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

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

Financial guarantees

The constitution of financial guarantees is required of certain PCIs.

These PCIs are indicated in the nomenclature by the code " A GF ’:

Nomenclature of PCIs and IOTAs

National Institute of Industrial Environment and Risks (Ineris)

Pour en savoir plus

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

• Monitoring the site
• The safety of the installation
• Possible interventions in the event of an accident before or after closure
• Rehabilitation after closure.

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

As soon as the plant is put into operation, the operator shall send the prefect a document certifying that the financial guarantees have been provided.

The application for an environmental authorization must be submitted front commissioning of the installation and start of all associated necessary works.

It is strongly recommended to get closer to the inspection of classified installations to be accompanied upstream of the approach.

The request can be made via an online service or by filing or sending the file. It is recommended to focus on the online process.

Course of the appraisal

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 information for examination and consultation, the Prefect shall invite the applicant to complete or regularize it within a reasonable period of time to be fixed by him.

Where it has been considered 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 appraisal of the file by the State services, mandatory consultations with the various competent bodies and authorities, consultations with municipal councils and other local authorities concerned and public participation.

Examination

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

These opinions are given to the prefect within 45 days.

Rejection of the application

The application for environmental authorization may be rejected at the public review and consultation stage, in particular where:

• The opinion of one of the authorities or one of the bodies consulted by the Prefect is unfavorable (e.g. if concerned, the opinion of the Minister of the Armed Forces or the Minister responsible for the sites, etc.).
• Authorization may not be granted under sufficient conditions to prevent risks, in particular to the environment, health and public safety.
• The project is clearly incompatible with the local town plan (PLU), the water management and planning scheme or the master plan for water management and planning.
• Completion of the project was companies before the completion of the application.

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 transmitted without delay by the prefect to the president of the administrative tribunal and to the investigating commissioner or to the president 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 referred to as ‘ parallelized ”.

Environmental authorization projects are: systematically subject to public consultation may take the form of a public inquiry conducted by a Commissioner of Inquiry (or Board of Inquiry) appointed by the Administrative Tribunal. She's organized by the prefect, at the latest 15 days after receipt of the opinions of the authorities and bodies consulted.

Consultation with the public lasts 3 months. This period may not be suspended or extended.

A consultation file shall be compiled and made available to the public. It contains in particular the impact assessment of the project (or the impact assessment, if applicable), its non-technical summary, and the opinions obtained by the prefect from various authorities and bodies during the examination of the dossier.

Public opinions shall be made public by the administration on a website. The applicant may reply.

The obligations of the project owner are:

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

The project owner 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 consultation:

• Days, times and places of public opening and closing meetings. The day, time and place of the closing meeting shall be made public at least 7 days before the meeting is held
• Comments and proposals from the public
• Opinion of the authorities and bodies consulted by the Prefect, or mention of the absence of an opinion resulting from the expiry of the time limits
• Any additional information produced by the project owner
• Possible responses by the project owner to these opinions, comments and proposals from the public, including those gathered at the closing meeting.

The consultation website must comply with the requirements listed in a decree available here.

At the end of the period for consultation with the public, the investigating commissioner shall meet with the project owner and communicate the comments and proposals of the public recorded beforehand. The project owner has a deadline of 5 days to comment.

Within a period of 3 weeks as of the end of the consultation, the commission of inquiry must issue a relationship, which includes the following:

• Reminder of project purpose
• List of documents in the consultation file
• Conclusions of the Committee of Inquiry
• Analysis of the proposals gathered during the public consultation
• Comments from the project manager in response to public comments.

That report shall be made public. It is transmitted by the prefect to the applicant.

2. Decision-making phase

Rolled Out

One draft prefectural decree the prefect shall notify the applicant of the decision on the application for an environmental authorization, who shall have 15 days to submit any observations in writing. It shall indicate either a refusal to operate the installations or an environmental authorization to operate them.

The decision phase usually lasts from 2-3 months. During this period, the application may be subject to 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” or “career” 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 the conclusions of the investigating commissioner or the summary of the observations and proposals of the public are sent by the prefect to the applicant.

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

That period shall be suspended:

• In the case where the project is clearly incompatible with the local town plan (PLU), until the PLU is amended
• If the prefect requests a third-party expert because the project presents dangers or disadvantages of particular importance, from that request until the production of the expert opinion
• Where the procedure is combined with the procedure for the award of a mining right, until such time as that right is granted

The environmental authorization decision shall be evidenced by a prefectural environmental authorization order. In particular, it shall be published on the website of the department where it was issued for at least four months.

Requirements associated with authorization

Where the decision is to authorize the project, the prefectural environmental authorization decree lays down 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 monitoring.

Risk Prevention

The environmental authorization shall mention measures to ensure the prevention of the dangers or disadvantages of PCI, including 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 orders and orders of the Ministry responsible for the environment.

The National Institute of the Industrial Environment and Risks (INERIS) proposes a themed regulatory aid providing access to the main regulatory texts which may relate to a given AIOT:

Access to AIDA's themed regulatory help

The Ineris also lists the ministerial orders of prescription applicable to installations on the PCI nomenclature page:

Nomenclature of PCIs and IOTAs

National Institute of Industrial Environment and Risks (Ineris)

Pour en savoir plus

During the implementation of the project, when the project presents dangers or disadvantages of particular importance, the prefect may request a third-party expert. The Commission may carry out an analysis of elements of the file requiring special checks.

This third-party expertise shall be 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 PCIs subject to authorization or registration shall submit by March 31 of each year, for each installation, reporting of pollutant emissions and waste from its installation.

Annual Remote Pollutant Emission Reporting (GEREP)

Keeping a register of soil conditions

Some operators of classified facilities must maintain a soil pollution status. These are:

• Carbon dioxide geological storage sites
• PCI Seveso high threshold
• Careers
• Waste storage facilities

These operators must update with each notable change the operating conditions and the state of pollution of the soil on which the installation is located. This status shall be 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 Decree on Environmental Authorization sets the period for which the environmental authorization is granted. In the absence of a fixed period, it shall be granted for an unlimited period, as long as the installation is not modified or shut down.

No commissioning

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

• Or within the period laid down in 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 oppose prior declaration.

An exception may be granted in the case 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 terminates when the operation has been interrupted for more than 3 consecutive years, following an inspection of classified installations or information from the operator. The prefect may then demand that the operator cease the activity of his installation, or of the relevant part of his installation.

The permanent cessation of exploitation may also be required by a formal notice issued by the prefect in the same circumstances.

The operator of a PCI shall declare as soon as possible to the inspection of classified installations accidents or incidents which have occurred as a result of the operation of that installation. This is compulsory 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 states, in particular:

• The circumstances and causes of the accident or incident
• The hazardous substances involved, if any
• Effects on people and the environment
• Emergency measures taken
• The measures taken or envisaged to avoid an accident or similar incident and to mitigate its effects in the medium or long term.

The accident or incident can be reported using one of the notification forms made available on the Ministry of the Environment's ARIA website:

Notification sheets to inform the inspection of classified installations of an accident or incident

Once completed, the accident or incident report must be sent to the inspectorate of classified facilities.

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 forward it to the prefecture.

The return to service may require a new authorization, registration or declaration by the prefect.

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

• Changes, including changes in activity (volumes, nature, etc.)
• Change of beneficiary: the beneficiary transfers all of his authorization to another person
• Partial transfer of the benefit of the authorization: the beneficiary transfers part of his 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 contain:

• The analyzes, measurements and checks carried out
• The effects observed on the environment and the incidents that occurred
• The amendments 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 case of a substantial change in the circumstances under which the original authorization was granted (e.g. a change in the rules)

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

Termination of activity

Termination of activity consists of the following :

• Shutdown
• Security
• If necessary, determination of future use(s)
• Rehabilitation or rehabilitation

The operator shall notify the prefect of the date of permanent discontinuance of the installations at least 3 months before the discontinuanceand a list of the land concerned. This period shall be at least 6 months for waste storage facilities, carbon dioxide geological storage sites and quarries.

The notification shall indicate the measures taken or planned and the associated timetable, to ensure that, as soon as the plant is permanently shut down, the land concerned is secured at the site.

The notification of cessation of activity must be deposited at the prefecture.

1. Shutdown

Final discontinuance consists of stop or reduce to the point that they no longer fall within the scope of the PCI nomenclature all classified activities of one or more PCIs within a site. This does not include the continuation of other activities on the site and the release of land.

2. Security

Safeguarding shall include, in particular, for the PCI(s) concerned by the cessation of activity the following measures:

• L'evacuation of dangerous products and, for facilities other than waste storage facilities, the management of the waste present
• Of prohibitions or restrictions on access
• The suppression of fire and explosion hazards
• The monitoring of the effects of the installation on its environment, taking into account a diagnosis commensurate with the stakes

Where appropriate, security operations shall be accompanied by temporary management measures or restrictions on use.

PCI security is 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.

List of certified providers by field of activity

Ministry of Economy

Pour en savoir plus

The security clearance of which a model is indicated on Legifrance shall be forwarded to the inspection of classified installations.

3. Identification of future uses and rehabilitation and rehabilitation

The site remediation provisions of a PCI subject to authorization depend on the installation authorization date.

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

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Authorization before 1 February 2004

Where an installation is authorized before 1^er February 2004 is permanently discontinued, its operator or, failing that, the owner of the land on which the installation is located, places its site in such a state as:

• Risk prevention must be ensured, in particular for the environment, health and public safety
• Allow future use of the site as determined by agreement with the mayor or president of theEPCI: titleContent. In the absence of agreement, the refurbishment shall be carried out in order to allow future use of the site comparable to that of the last period of operation of the facility which was shut down.

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

The agreement is as follows:

1. The operator shall transmit to the mayor or president of theEPCI: titleContent and owners of the PCI lands affected by the cessation of activities: the site plans, 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(s) that it envisages for these lands. He shall at the same time forward a copy of his proposals to the Prefect.
2. The mayor, or the president of the EPCI, shall notify the prefect and the operator of his agreement or disagreement with these proposals within 3 months of receipt of the operator's proposals. In the absence of 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 or uses 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 operator informs the administration of his decision to put the installation out of operation
• 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 site remediation officer.

The environmental authorization decree determines the state in which the site must be returned to be permanently discontinued in order to ensure that risks, in particular to the environment, health and public safety, are prevented.

Refurbishment must allow future use of the site as determined by an agreement with the mayor or president of theEPCI: titleContent. In the absence of an agreement, the reclamation shall be carried out in order to allow future use of the site comparable to that of the installations for which an authorization is requested.

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

The agreement is as follows:

1. The operator shall transmit to the mayor or president of theEPCI: titleContent and owners of the land in the PCIs affected by the cessation of activities: the site plans, 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(s) that it envisages for these land. He shall at the same time forward a copy of his proposals to the Prefect.
2. The mayor or president of the EPCI shall notify the prefect and the operator of their agreement or disagreement with these proposals within 3 months of receipt of the operator's proposals. In the absence of comments within this period, their opinion shall be 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 or uses 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 operator informs the administration of his decision to put the installation out of operation
• 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 soil or with equivalent competence in the provision of services in this field:

• 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 providers by field of activity

Ministry of Economy

Pour en savoir plus

4. Transmission of a rehabilitation memory

Rehabilitation memory

The operator must transmit to the prefect within 6 months of permanent cessation one rehabilitation memorandum 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 relating to the situation of the installations concerned.

The brief shall include the diagnosis of the soil survey, including in particular:

• Elements relating to the historical, documentary and memorial study of the area under investigation
• Elements relating to the vulnerability of environments
• Investigations into the media and interpretation of their results
• Geographical data relating to the surveyed area shall include in particular a plan delimiting that area, the boundary of the right of way of the site or sites and the list of associated cadastral parcels. Where appropriate, the plan shall identify the different substances used at that or those sites
• A schematic, called conceptual, making it possible to understand the relationships between the sources of pollution, the pathways of transfer and the issues to be protected from a balance sheet of the state of the environments.

Depending on the conclusions of this diagnosis, this brief also includes:

• Rehabilitation objectives
• A management plan that includes:
  
  • Measures to manage the various media affected on and, where available, off-site (treatment of pollution sources and elimination of concentrated pollution, in particular for soil and groundwater). These management measures shall be proposed by the operator. They shall be based on a balance of costs and benefits taking into account the effectiveness of the available techniques, the overall environmental impact and the cost which must remain economically acceptable.
  • The work to be carried out to implement the management measures and the associated estimated timetable, as well as the arrangements for monitoring and risk prevention, during the work
  • If necessary, the provisions laid down at the end of the works to ensure the monitoring of the media, the preservation of memory and any restrictions on use limiting or prohibiting certain developments or constructions, or certain uses of the media

By way of derogation, the operator may propose in his rehabilitation brief that one or more areas of concentrated pollution be maintained on site, subject to conditions.

Proposal for 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 sources of pollution
• Elimination of concentrated pollution when the results of the diagnosis carried out in the context of the rehabilitation memory conclude that they are present.

These management measures shall be proposed by the operator. They shall be based on a balance of costs and benefits taking into account the effectiveness of the available techniques, the overall environmental impact and the cost which must remain economically acceptable. They must make it possible to attain a state of the rehabilitated environment compatible with the uses determined for the land concerned by the facility which has been stopped or the uses found outside the site.

The rehabilitation brief shall be accompanied by a certificate issued by a certified company in the field of polluted sites and soils or with equivalent competence in the provision of services in this field. She attests to theappropriateness of the proposed measures for the rehabilitation of the site in order to ensure the prevention of risks, in particular on the environment, health and public safety.

List of certified providers by field of activity

Ministry of Economy

Pour en savoir plus

Additional measurements may be required depending on the content of the memory and the type of installation.

The silence of the prefect for 4 months after the transmission of the certificate constitutes agreement on the works and the measures of monitoring of the environments proposed by the operator. During this period, the prefect may request additional information for assessment by reasoned decision. The time limit is then suspended until these elements are received.

Completion of the work

When the work prescribed by the prefect or, failing that, defined in the rehabilitation memorandum are made, the operator shall make them to certify 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 operator shall forward this certificate to the prefect, mayor or president of theEPCI: titleContentand the owners of the land.

Unless the Prefect objects or makes a further request within the time limit of 2 months at the end of the transmission of the certificate, the cessation of activity shall be considered complete.

At any time, even after the restoration of the site, the prefect may impose on the operator, by prefectural decree, the necessary requirements for the prevention of risks, in particular the environment, health or public safety.

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.