Practical sheet | REF: FIC0099 V1

ICPE and administrative liability

Author: Solange VIGER

Publication date: November 10, 2015 | Lire en français

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2. Identify the steps in the procedure

There are several stages in the administrative penalty process.

2.1 Phase 1: an inspection is carried out

The ICPE inspector can visit the facilities under his supervision at any time. The inspection may be unannounced, or may have been announced. In this case, the rule is that the inspector must inform the operator of his visit forty-eight hours in advance.

During this inspection, the ICPE inspector, who is a sworn officer, is empowered to draw up an official report for each non-conformity observed. In such cases, it is up to the operator to demonstrate the erroneous or unfounded nature of the findings contained in the report.

The prefect decides whether to implement the administrative sanction procedure, based...

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