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What is an I.C.P.E? (Classified Installation for the Protection of the Environment)
It is an establishment whose activity can present a risk or a disadvantage for the human and natural environment. It can have an industrial or agricultural character.
-It derogates from the general police force exercised by the Mayor in matters of public safety and health. It reports to the Prefect on the proposal of the inspection of classified installations.
-For the nature of the activity and the quantities concerned, classified installations are grouped into headings within a nomenclature and submitted:
• either by simple declaration to the Prefect;
• or to register with the Prefect. The registration regime governed by the decree of April 13, 2010, constitutes an intermediate regime between the authorization and declaration regimes. Its purpose is to simplify and shorten the authorization procedure for certain categories of classified installations (eg covered warehouses, petrol stations, paper and cardboard depots, etc.) which are subject to general prescriptions. national. Public consultation does not require public inquiry. The instruction periods are set at 5 months, extended if necessary by two months, especially if a changeover to CODERST is necessary in order to impose additional requirements on the operator.
• or with authorization that requires first a study of environmental and health impact, a public inquiry, an administrative inquiry, the opinion of an ad hoc commission (the CODERST, the departmental commission of nature, landscapes and sites - career training) composed of the main services of the State, elected representatives, associations, consular companies ...
-The inspection of classified installations is organized by:
• the Regional Directorate for the Environment, Planning and Housing (DREAL, formerly DRIRE), for all industrial establishments;
• the Department of Population Protection (DDPP, formerly DSV) for all agricultural and livestock establishments;
In case of nonconformities, two types of sanctions can strike unscrupulous operators:
- penal sanctions: offenses transmitted to the Public Prosecutor's Office for prosecution;
-Administrative penalties ranging from the formal notice to the suspension of activity or the recording of a sum corresponding to the completion of the work.