“Closure of ICPE facilities and decontamination: stricter obligations for manufacturers”

From now on, upon cessation of operations, the operator of an ICPE must obtain certification from a company certified in the field of contaminated sites and soils:

that measures have been implemented to secure the site, for ICPEs subject to declaration as exhaustively listed in the new Article R. 512-66-3 of the Environment Code

• that the proposed measures for the site’s remediation are adequate
• that the works comply with the prescribed remediation objectives

Furthermore, the decree establishes a deferred remediation procedure upon the operator’s express and justified request and strictly regulates the timeframes for the procedure, including for responses from the authorities.

These new conditions will apply to cessations of activity declared on or after 1 June 2022. Those declared prior to this date will remain subject to the previous regime.

Laurence Estève de Palmas and Xavier Lièvre discuss these new provisions in detail in an article entitled ‘Cessation of operations at ICPEs and decontamination: strengthened obligations for industrial operators’, published in the journal *Solution notaire* No. 36 on 12 November [subscriber access].