| January 31, 2002 | 0 Comments
ATMOSPHERE PROTECTION PLANS
|I. – In all agglomerations with more than 250,000 inhabitants, as well as in areas where, under conditions specified by decree of the Council of State, the limit values mentioned in Article L. 221-1 are exceeded or are at risk. to be so, the prefect draws up an atmosphere protection plan, compatible with the guidelines of the regional air quality plan, if it exists.
II. – The draft plan is, after the opinion of the regional environment committee and the departmental hygiene councils concerned, submitted, for opinion, to the municipal councils and, where they exist, to the legislative bodies of the public establishments of inter-municipal cooperation concerned. . The opinion which is not given within six months after transmission of the draft plan is deemed to be favorable. It is then submitted to a public inquiry under the conditions provided for in Chapter III of Title II of Book I.
III. – Optionally modified to take account of the results of the investigation, the plan is drawn up by the prefect.
IV. – For agglomerations with more than 250,000 inhabitants, the atmospheric protection plans provided for in this section are drawn up within eighteen months from January 1, 1997. For areas in which an overrun is observed limit values, they are adopted within eighteen months from the date on which this exceedance was noted.
V. – The plans are evaluated after a period of five years and, if necessary, are revised.
|The purpose of the atmospheric protection plan is, within a time limit that it fixes, to bring the concentration of pollutants in the atmosphere inside the zone to a level below the limit values referred to in article L 221-1, and to define the terms of the alert procedure defined in article L. 223-1.
When specific local circumstances related to the protection of the interests defined in Articles L. 220-1 and L. 220-2 justify it, the atmosphere protection plan may reinforce the air quality objectives mentioned in the Article L. 221-1 and specify the guidelines for achieving them. It can also strengthen the technical measures mentioned in Articles L.
The decree mentioned in article L. 222-7 specifies the measures that can be implemented to achieve the objectives set by the atmosphere protection plan, in particular with regard to the operating and operating rules of certain categories of installations, the use of fuels or combustibles, the conditions of use of vehicles or other movable objects, the increase in the frequency of emissions checks from installations, vehicles or other movable objects and the expansion of the range of controlled substances.
|To achieve the objectives defined by the atmosphere protection plan, the competent police authorities adopt preventive measures, of temporary or permanent application, intended to reduce emissions from sources of atmospheric pollution.
They are taken on the basis of the provisions of Title I of Book V when the establishment causing the pollution falls within these provisions. In other cases, the authorities mentioned in the previous paragraph may order the restriction or suspension of polluting activities and prescribe restrictions on the movement of vehicles.
(Law n ° 2001-398 of May 9, 2001 art. 6 Official Journal of May 10, 2001)