Overview
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Ismahane EL BAHLOUL: IRCA auditor (EMS and SMS), HSE and risk management consultant
INTRODUCTION
As part of your operating review, you are asked to consider the measures you would take if your facilities were shut down permanently. Regulations provide for this to ensure application of the "polluter pays" principle, whereby the costs of pollution prevention, reduction and control measures must be borne by the polluter.
What measures should be considered in this context?
This involves defining the measures envisaged by the operator in the event of permanent shutdown of the site, to avoid any risk of pollution and to return the site to a condition in which it cannot generate pollution.
Article R. 512-74 of Code de l’environnement stipulates: "(...) The operator must place the site of the facility in such a condition that it cannot adversely affect the interests mentioned in Article L. 511-1 and that it allows future use of the site determined in accordance with the provisions of Articles R. 512-75 and R. 512-76."
When a classified facility is decommissioned, the procedure set out in article R. 512-74 of Code de l’environnement applies.
When a classified facility is permanently shut down, the operator must notify the Prefect of the shutdown date at least three months beforehand; this deadline is extended to six months for waste storage facilities and quarries. The memorandum submitted by the operator at least one month before the shutdown date draws on the analyses carried out before all activities cease, and sets out the measures taken to ensure that the site is safe and cannot generate pollution.
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Operating review: anticipating site restoration (part 5)
Identify restoration measures
Regulations
Article R.512-39-1 of the Code de l’environnement
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