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Permit procedure
 

Legislation:

  • articles L512-2 and L512.15 of the environmental code
  • articles R512-11 to R512-12, R512-14 to R512-R512-17, R512-19 to R512-22, R512-25 to R512-26, R512-28 to R512-30, R512-35, R512-45 to R512-46 of the environmental code.

Special cases:

  • When required by the specific significance of the hazards or nuisances of the installation, the Prefect can, at any time during the procedure, order a critical assessment of certain elements of the application requiring special verification, paid for by the applicant and carried out by an external expert body selected in agreement with the administration. The Prefect’s decision does not affect the two-month period provided for in article 5 of decree no. 77.1133 (transfer of the application file to the president of the administrative court). When the critical assessment is produced before the end of the public enquiry, it should be attached to the file. (art. 3 D77.1133)
  • If a building permit has been requested, the operator must send his permit application or declaration at the same time as his building permit application (L512-15 of the environmental code). Building permit authorisation or implementation depends on the filing date of the permit application to operate a classified installation (L512-2 of the environmental code) :
    • until 30 June 2007: the building permit cannot be deemed granted before expiry of a one-month period following the end of the public enquiry
    • since 1st July 2007: the building permit can be granted but cannot be implemented before the end of the public enquiry
  • The operation of the installation prior to obtaining a prefectural order automatically results in the rejection of the permit application in case of an adverse decision by CODERST (art. 13 D77.1133).
  • When the radius of public notification is extended to an adjoining department or region, the departmental council of this department or the regional council of the region in which the installation is to be set up as well as, when relevant, the Regional council of the adjoining region are consulted. In this case, the Prefect refers to the minister in charge of classified installations before the enquiry is launched. Within two months of the launch of the public enquiry, the minister notifies the prefect(s) of the department(s) other than those where the installation is to be set up that they should refer respectively to the regional council(s) and departmental council(s) concerned within one month. Only the opinions issued within four months can be taken into account. The results of the survey and consultations are sent within eight days by the Prefects concerned to the minister in charge of classified installations. Within three months of receipt, the minister, after consulting with the High Council for Classified Installations, issues an order and stipulates the operational requirements provided in article 17. In case no decision can be made within this deadline, the minister sets a new deadline by means of a reasoned order. Additional orders subsequent to this authorisation are issued by the Prefect of the department where the installation is located in the conditions provided for in articles 18 and 20 of decree no. 77.1133 (art.16 D77.1133)
  • Provision of financial guarantees from the start-up of an installation likely to present significant risks of pollution or accident, a quarry or waste storage facility (art. L516-1 of the environmental code, article 23.3 of decree no. 77.1133)
  • The Internal Operation Plan must be established before start-up (in the case of the installations mentioned on the list provided for in article L.515-8 of the environmental code); it should be updated and tested at least once every three years.