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ABSTRACT
This article starts by describing the basis of the technical requirements ruling the operation of a classified installation. It then shows the importance of the regulatory watch, which enables the operator to be informed of modifications in the nomenclature of classified installations, new ministerial technical decrees and taxation policy. It also specifies that administrative authorities which can visit the site at any time or approved bodies of periodical control ensure that these installation comply with such requirements. It furthermore presents the administrative procedures required on the occasion of operating events (incident or accident, operational interruption) or modifications in the operation mode (change of operator or activity). To conclude this article highlights the fact that the evolution of the environment (urbanism, neighbor complaints) has become a crucial factor in the evolution of the operation of classified installations.
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Olivier NICOLAS: Environmental lawyer
INTRODUCTION
The aim of the legislation governing classified installations is not only to regulate the creation and commissioning of an activity subject to the nomenclature of classified installations, but also its operation and running. Declaring an activity or obtaining an authorization requires compliance with technical operating regulations, which evolve in particular with reference to the best available techniques. In the event of non-compliance with these rules, the administrative authority has a range of administrative and penal sanctions at its disposal to ensure that operations are carried out correctly. The authorities may inspect a classified facility at any time, even if the operator himself monitors and declares his pollutant emissions and waste. All operating events are taken into account: incidents and accidents, changes of activity, changes of operator, neighborhood complaints, changes in town planning and the environment. Anticipating, monitoring, preventing and correcting are the watchwords of a responsible operator for whom the "life" of a classified facility implies a continuous improvement approach.
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KEYWORDS
Classified Installation | operational requirements | operator | operation mode
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Installations classées pour la protection de l'environnement (ICPE): operation
Technical operating specifications
Bibliography
Websites
Public service for the dissemination of law. Official Journal news. Access to codes. Documentation service of the General Secretariat of the Government:
Environmental inspection website :
...Standards and norms
- Critères généraux pour le fonctionnement des différents types d'organismes procédant à l'inspection. - NF EN ISO/CEI 17020 - 2012
- Environmental management systems – Requirements and guidelines for use. - ISO 14001 - 2015
- Systèmes de management de la santé et de la sécurité au travail. - ISO 45001 - 2018
Regulations
French regulations (codes)
Environment Code (legislative and regulatory parts).
Code de l'urbanisme (legislative and regulatory parts).
Public Health Code (legislative and regulatory parts).
Code général des collectivités territoriales (legislative part and regulatory part).
European regulations (non-exhaustive list)
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Statistical and economic data
The figures below are taken from the Ministry of Ecology's 2018 balance sheet:
500,000 facilities, of which 25,000 are subject to authorization and 16,000 to registration.
1,312 facilities subject to authorization are classified as Seveso, including 705 with high thresholds and 607 with low thresholds.
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The Ultimate Scientific and Technical Reference
