2. Which regulation prevails in the Classified Installations vs. Water duel?

2.1 ICPE rules take precedence over water rules

You are the operator of a classified facility that has an impact on water and the aquatic environment through pollutant discharges, water consumption and structures impacting the environment: you are subject exclusively to the classification and operating rules laid down in the legislation on classified facilities, and only the procedures relating to classified facilities apply. Your contact remains the prefect of the département and the inspector of classified installations.

The Water Act nomenclature for installations, works and activities (IOTA) does not apply to the ICPE operator. Ministerial technical specifications applicable to IOTAs are not applicable to ICPEs (