Identify the different liability regimes

You operate an ICPE. Are you wondering about your responsibilities in the event of pollution or non-compliance at your facility?

Can several responsibilities be combined?

• Administrative liability, which sanctions non-compliance with ICPE regulations, within the framework of the prefect's administrative police powers: this liability translates into the implementation of administrative sanction(s) pronounced by the administrative authority.

• Civil liability, which obliges you to repair damage suffered by a third party, such as a neighbor, as a result of pollution or non-conformity of your installation: this liability translates into a civil court order to pay damages and/or an obligation to carry out work.

• Criminal liability, which sanctions an act constituting an offence defined by a text: this liability translates into a sentence, pronounced by the criminal judge, to a fine and/or prison term.

• Environmental liability, which punishes environmental damage under the administrative police powers of the prefect: this liability translates into the obligation, under the control of the administrative authority, to take the necessary preventive and remedial measures, and, where applicable, into the application of administrative sanction(s) imposed by the administrative authority.

It is important to have an overview of these different liability regimes, and to determine whether they can be cumulated, in order to be able to assess the risk incurred.