ICPE and administrative liability

In the context of ICPE regulations, "administrative liability" refers to the sanctioning by the prefectoral authority of non-compliance with the obligations imposed on the operator concerning the opening, operation and closure of a facility. If the operator fails to comply with his obligations, the prefectoral authority has the power to require him to bring his facility into line, by means of coercive measures known as "administrative sanctions".

The aim here is not to compensate a victim for damage suffered, as is the case with civil liability, or to punish an act that is contrary to social rules or values, as is the case with criminal liability, but to oblige the operator to comply with the obligations defined by the ICPE regulations.

For example, failure to comply with a limit value set by the prefectoral authorization order exposes the operator of the facility concerned, in the event of an inspection, to notification by the prefectoral authority of a formal notice to comply within a certain timeframe, and then, where applicable, on expiry of the timeframe, to one or more orders imposing administrative penalties.

• Does the administration have the power to sanction you?

• What penalties can it impose?

• Under what conditions?