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What does the operating authorisation application include?

The application must include the following items:

Application letter
The signed application letter provides the following information:

  • Identity If the person wishing to start the installation is an individual, they must indicate their: surname, first name and home address, as well as SIRET no. and APE code.
    If it is a corporation, indicate: name or legal denomination, legal form, head office address, surname, first name and title of the signatory of the application as well as the SIRET and APE no. of the installation.
    In all cases, indicate the surname and telephone number of the person responsible for monitoring the project.
  • Location of the installation Indicate precisely the location where the installation is to be set up (notably indicating the department, town, named locality, detailed address when within a built-up area or cadastral parcel numbers when outside a built-up area).
  • Nature and volume of activities Provide all relevant details on the nature of the activities scheduled and their volume, in terms of maximum production capacity.
    Specify the section(s) of the nomenclature of classified installations to which the installation belongs.
  • Manufacturing processes In order to properly assess the potential hazards or nuisances posed by the installation, all information required on manufacturing processes, primary and secondary materials to be implemented in this process (for example for maintenance purposes) and products due to be manufactured must be provided.
    If the operator believes that certain pieces of information on manufacturing processes and materials used should not be disclosed, because this disclosure is likely to reveal trade secrets, a single copy of this information should be sent separately. Only the agents in charge of the inspection of classified installations, bound by an oath of professional confidentiality, will have access to this information.
  • Technical and financial capacity The operator must provide all the information necessary to assess his technical and financial capacity to successfully operate the installation.
  • Administrative situation of the Facility concerned Indicate, if necessary, the other classified installations of the same facility already subject to permit orders or regularly declared to the Prefecture (specify the date of the orders or declaration receipts).

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:

  • a 1/25,000 scale map on which the location of the projected installation will be indicated (a 1/50,000 scale will be accepted in exceptional circumstances).
  • a 1/2,500 (at least) scale plan of the installation and surrounding areas. This plan should encompass the surrounding areas of the installation up to a distance at least equal to one tenth of the radius of public notification mentioned in the nomenclature for the section corresponding with the installation and, in any case, greater than 100 metres (the value of this radius of public notification should be indicated in a corner of the plan). This plan should indicate all buildings with their purpose, railway tracks, public roads, water supply facilities, canals or waterways.
  • a 1/200 scale (minimum) site plan indicating in detail the installation’s projected layout as well as, up to 35 metres at least from the installation, the situation of adjoining constructions and land and the outlining of existing sewers. A reduced scale of up to 1/1,000 can, upon your request, be accepted by the administration.
  • an impact assessment of the installation on its environment. This assessment is a crucial element of the permit application.
  • a risk assessment which, on the one hand, outlines the potential hazards of the installation in case of an accident and, on the other hand, stipulates the measures likely to reduce the probability of this occurrence and the effects.
  • a note on the compliance of the projected installation with legislative and regulatory operational requirements with regard to personnel health and safety.

For quarries, include a document attesting to land ownership or the owner’s right to mine.

Important notice 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.