Overview
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ABSTRACT
The study seeks to show the obligations the operator must meet for each situation. It lists all the items needed to make a regular, complete authorization request, and particularly impact assessment and risk assessment. The study finally presents the possible consequences of an authorization request: examining procedure, public inquiry, operational requirements, inspections of ICPE and administrative penalties.
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Read the articleAUTHOR
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Olivier NICOLAS: Environmental and risk lawyer
INTRODUCTION
Authorization to operate a facility classified for environmental protection (ICPE) is an administrative authorization issued to a petitioner who has applied to the prefect of the département in which the activity is planned.
An application for an ICPE authorization may be accepted, but may also be refused with reasons. The response given by the authorities within an average period of 12 to 15 months – corresponds to the procedure for examining the – file, and is always associated with regulatory requirements and technical specifications to be met.
This is why the petitioner must accompany his letter of application with a substantial, well-argued file demonstrating the acceptability of the risk, so that the authorities can issue a tailor-made authorization, i.e. one that is adapted to the specific nature of the project, to local environmental and health conditions, to the best available techniques that are economically acceptable, and to national regulatory requirements.
This procedure is explained by the fact that the public authorities take into account the pollution, nuisance and risks that may be produced by the operation and affect not only populations, but also property and the environment in general.
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KEYWORDS
principle | regulation | inspection | operational requirements | environment | industry
This article is included in
Environment
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Classified installations for environmental protection (ICPE)
Bibliography
Digital media
Introduction to the Seveso 3 Directive :
http://www.developpement-durable.gouv.fr/Video-Seveso-3-pour-une-prevention.html
Websites
Public service for the dissemination of law. Official Journal news. Access to codes. Documentation service of the General Secretariat of the Government
Classified Installations Inspectorate website:
...Regulations
Environment Code (legislative and regulatory parts).
Code de l'urbanisme (legislative and regulatory parts).
Customs Code (article 266 sexies et seq. on TGAP).
Ministerial orders on technical requirements for classified installations :
subject to authorization ;
subject...
Directory
Classified facilities database
http://www.installationsclassees.developpement-durable.gouv.fr/rechercheICForm.php
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The Ultimate Scientific and Technical Reference