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Operational requirements
 

Legislation:

  • articles L229-5, L512-3 and L512.5 of the environmental code
  • articles R512-28 to R512-30, R512-35, R512-45 to R512-46 of the environmental code.

The permit order stipulates:

  • the operational requirements necessary for the protection of the interests mentioned in articles L. 211-1, L. 220-1 and L. 511-1 of the environmental code, taking into account the efficiency of the best available techniques, their economic aspect, the quality, purpose and use of surrounding environment as well as the balanced management of water resources.
  • the installation and operating conditions deemed essential,
  • the analytical and measurement resources as well as intervention resources in case of accident
  • the operational requirements aimed at reducing or preventing long-range pollution as well as transboundary pollution.
  • the operating conditions of the installation during start-up, malfunction or temporary shutdown periods.
  • the analytical and measurement resources necessary to control the installation and monitor its effects on the environment, as well as the conditions in which the results of these analyses and measurements are communicated to the Inspectorate of classified installations and the service in charge of the water police.
  • Operational requirements in terms of disclosure and quantification of greenhouse gas emissions
  • the obligation of establishing an internal operation plan in case of accident, or the internal operation plan (established before start-up)
  • the emergency measures for which the operator is responsible under the control of the police authority and his obligation to inform and alert those likely to be affected by an accident, of the potential hazards, safety measures and appropriate behaviour.
  • works completion is conditional upon the prior fulfilment of archaeological operational requirements potentially enacted by the regional Prefect
  • site rehabilitation after final shutdown of the installation, in the case of an installation set up on a new site after 31 December 2003.

The general rules and technical operational requirements are stipulated by ministerial order, following consultation with the High Council for Classified installations (CSIC). These rules and operational requirements determine the measures aimed at preventing and reducing the risks of accident or pollution as well as the integration of the installation into the environment and site rehabilitation after operation shutdown.
These orders are applicable by law to new installations.
They specify, following consultation with the relevant professional organisations, the deadlines and conditions in which they apply to existing installations.
They also determine the conditions in which certain rules can be adapted to local circumstances by means of permit orders.

Special case: permits relative to waste storage facilities and quarries are granted for a limited time and stipulate the maximum volume of products stored or extracted as well as site rehabilitation conditions (article 17-1 D77.1133)