French regulatory framework for contaminated land

Introduced in the 1970s, the first soil protection provisions were developed under the impetus of a coherent policy, which has evolved over time on the basis of feedback.

However, it has become apparent that the issue of soil pollution is not covered by a single legal regime, but by several distinct pieces of legislation: regulations relating to facilities classified for environmental protection (ICPE), waste or groundwater legislation. Since 2010 and Law No. 2014-366 of March 24, 2014 for access to housing and renovated urban planning, known as the "ALUR Law", the insertion of new provisions concerning polluted sites and soils in the Environmental Code has improved the readability and intelligibility of the regulatory system. The national methodology for managing polluted sites has also evolved, and an important decree, Decree no. 2021-1096 of August 19, 2021, has significantly modified the applicable provisions, in particular for the cessation of activity of classified facilities.

This article sets out the regulatory framework thus established for soil pollution, which should make it possible not only to manage polluted sites and soils, but also to prevent soil and groundwater pollution, and to provide public authorities and the general public with the best possible information on polluted sites and soils.