SCHEMES FOR AUTHORIZATION AND DECLARATION
LexInter | January 31, 2003 | 0 Comments

SCHEMES FOR AUTHORIZATION AND DECLARATION

Article L214-1
Are subject to the provisions of Articles L. 214-2 to L. 214-6 installations not appearing in the nomenclature of classified installations, structures, works and activities carried out for non-domestic purposes by any natural or legal person, public or private, and resulting in withdrawals from surface or ground water, whether or not returned, a change in the level or mode of water flow or direct or indirect, chronic or episodic discharges, flows, discharges or deposits, even non-polluting.
Article L214-2
The installations, structures, works and activities referred to in Article L. 214-1 are defined in a nomenclature, established by decree in the Council of State after consultation with the National Water Committee, and subject to authorization or to the following declaration the dangers they present and the seriousness of their effects on water resources and aquatic ecosystems.
This decree also defines the criteria for domestic use, and in particular the volume of water below which the withdrawal is assimilated to such use, as well as other forms of use whose impact on the aquatic environment is too high. low to justify that they are subject to authorization or declaration.
Article L214-3
Installations, structures, works and activities likely to present dangers to health and public safety, to harm the free flow of water, to reduce water resources, to significantly increase the water supply, are subject to authorization by the administrative authority. risk of flooding, seriously damaging the quality or diversity of the aquatic environment.
Facilities, structures, works and activities are subject to declaration which, not being likely to present such dangers, must nevertheless comply with the requirements laid down in application of Articles L. 211-2 and L. 211-3.
If the principles mentioned in article L. 211-1 are not guaranteed by the execution of these prescriptions, the administrative authority may impose, by decree, any specific necessary prescriptions.
The requirements necessary to protect the principles mentioned in Article L. 211-1, the means of surveillance, the methods of technical inspections and the means of intervention in the event of an incident or accident are set by the order. authorization and, possibly, by additional acts taken after this authorization.
A decree determines the conditions under which the prescriptions referred to in the two preceding paragraphs are established,
Article L214-4
I. – Authorization is granted after a public inquiry and, where applicable, for a fixed period. A decree determines the conditions under which the renewal of authorizations and the authorization of works, installations or activities of a temporary nature and without significant and lasting effect on the natural environment can be granted without prior public inquiry.
II. – The authorization may be withdrawn or modified, without compensation from the State exercising its police powers, in the following cases:
1 ° In the interest of public health, and in particular when this withdrawal or modification is necessary for the supply of drinking water to the populations;
2 ° To prevent or put an end to floods or in the event of a threat to public safety;
3 ° In the event of a major threat to the aquatic environment, and in particular when the aquatic environments are subjected to critical hydraulic conditions that are incompatible with their preservation;
4 ° When the works or installations are abandoned or are no longer subject to regular maintenance.
III. – Any refusal, withdrawal or modification of authorization must be justified to the applicant.
Article L214-5
The water regulations of hydroelectric companies are issued jointly under article 10 of the law of October 16, 1919 relating to the use of hydraulic energy and articles L. 214-1 to L. 214-6.
These regulations may be subject to modifications, without however jeopardizing the general balance of the concession.
Article L214-6
In all cases, the rights of third parties are and remain reserved.
The installations and structures existing on January 4, 1992 must have been brought into conformity with the measures taken in application of article L. 214-2 within three years from that date.
Article L214-7
Installations subject to authorization or declaration in application of Title I of Book V are subject to the provisions of Articles L. 211-1, L. 212-1 to L. 212-7, L. 214-8, L. 216- 6 and L. 216-13. The individual and regulatory measures taken in application of Title I of Book V set the rules applicable to classified installations having an impact on the aquatic environment, in particular with regard to their discharges and withdrawals.
Article L214-8
Installations subject to authorization or declaration under Articles L. 214-1 to L. 214-6 allowing surface water withdrawals or discharges to be carried out for non-domestic purposes, as well as any groundwater pumping installation , must be provided with the appropriate means of measurement or evaluation. Their operators or, if there are no operators, their owners are required to ensure their installation and operation, to keep the corresponding data for three years and to keep them at the disposal of the administrative authority. as well as legal persons governed by public law, the list of which is fixed by decree.
The existing installations must have been brought into conformity with the provisions of this article within five years from January 4, 1992.
The provisions of this article also apply to installations classified under Title I of Book V.
Article L214-9
I. – When the hydraulic development works, other than those granted or authorized in application of the aforementioned law of October 16, 1919, have as their object or consequence the regulation of the flow of a non-state-owned watercourse or the increase in its flow during low-water periods, all or part of the artificial flow may be affected, by declaration of public utility, on a section of this watercourse and for a determined period, to certain uses, without prejudice to the application of article L. 211-8.
II. – The declaratory act of public utility constitutes authorization under this sub-section and fixes, under the conditions provided for by decree,
1 ° An allocated flow, determined taking into account the resources available at the different times of the year and allocated in priority to the beneficiary of the declaratory act of public utility;
2 ° The requirements deemed necessary to ensure the passage of all or part of the affected flow in the section considered, under the most rational conditions and least damaging for other users of said watercourse and with respect for aquatic ecosystems.
III. – The provisions of this article are also applicable to hydraulic works authorized prior to January 4, 1992.
Article L214-10
Decisions taken in application of Articles L. 214-1 to L. 214-6 and L. 214-8 may be referred to the administrative jurisdiction under the conditions provided for in Article L. 514-6.
Article L214-11
The conditions under which the spreading of agricultural effluents can be authorized are fixed by decree.

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