Practical sheet | REF: FIC0099 V1

ICPE and administrative liability

Author: Solange VIGER

Publication date: November 10, 2015 | Lire en français

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3. Identify the cases in which administrative liability can be invoked by the administration

Administrative penalties may be imposed by the prefectoral authority in three cases.

  • Operation of the ICPE does not comply with the obligations imposed by ICPE regulations. For example, the facility is being operated in disregard of the technical prescription(s) set out in the prefectoral authorization order, or it has not been subject to rehabilitation measures after shutdown, in violation of the rehabilitation obligation set out in the ICPE regulations.

  • The ICPE is being operated without declaration or registration, or without the authorization required by law,

  • The facility is not included in the ICPE nomenclature, but its operation presents dangers or serious inconveniences for the interests protected by ICPE regulations. For example, the person in charge of the unclassified...

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Identify the cases in which administrative liability can be invoked by the administration