The application must include the following items:
The signed application letter provides the following information:
In the following cases, waste storage facilities, quarries, installations likely to generate, through explosion or emission of toxic substances, very serious risks to the health and safety of the local population and the environment, for which public easements may be instituted (in reference to the nomenclature of classified installations), the application should specify the financial guarantee procedures requested by the environmental code (art. L516-1), notably their nature, amount and the time required to mobilise them. These guarantees are designed to ensure, depending on the nature of the hazards or nuisances of each category of installations, the monitoring of the site and constant safety of the installation, possible interventions in case of an accident before or after closure and renovation subsequent to closure. They do not cover compensation payable by the operators to third parties who have suffered injury due to pollution or accident caused by the installation.
These provisions are applicable as of 13 December 1995 for new permit applications.
Supporting documents In addition to the application letter, the following items must be included:
For quarries, include a document attesting to land ownership or the owner’s right to mine.
The studies and documents attached to the application letter should relate to all the installations or equipment operated or due to be operated which, due to their proximity to or connection with the permit holding installation, are likely to modify its hazards or nuisances.
When required by the specific significance of the hazards or nuisances of the installation, the Prefect can order a critical assessment of certain elements of the application requiring special verification, paid for by the applicant and carried out by an expert organization selected in agreement with the administration.
The Prefect can decide to impose a critical assessment at any time during the procedure.
3In the case of a rectification3
In the case of an installation operated without a permit as required by the law on classified installations, the operator must rectify his situation immediately by making a permit application.
This application is similar to that described in this note. In particular, the impact assessment should follow the same path as that proposed above. Amongst the “measures taken to limit or eliminate the nuisances of the installation”, the measures already taken should be distinguished from those that the operator plans to take. If incidents or accidents affecting the environment have occurred in the past, they must be mentioned in the impact assessment as well as the risk assessment.
In addition, the application will briefly outline the history of the operation (opening date, possible extensions etc.).
It should be reiterated that, by virtue of the decree of 21 September 1977, the operation of an installation prior to obtaining a prefectural order automatically results in the rejection of the permit application in case of an adverse decision by the Departmental Council for the environment and health and technological risks (CODERST).
3Where and how is the application submitted?3
Seven copies of the application file, including the application and appendices, should be filed (plus one per town concerned by the radius of public notification).
The seven copies should be filed with the departmental Prefecture. A receipt will be issued.
Note: the number of copies to be submitted can vary from one department or application file to the next. It is therefore advisable to contact the Prefecture of the relevant department to enquire about the exact number of copies to be submitted.