#2019-1176Decree No. 2019-1176 on Illegal Waste Deposits
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The decree establishes definitions and procedures for addressing illegal waste dumping in France, specifying criteria for identifying significant illegal deposits and the responsibilities of local authorities in managing these situations. It allows local entities to request recognition of the inability to identify the waste producers and outlines the necessary steps for documenting and reporting these incidents to the prefect. Additionally, it includes provisions for temporary exemptions regarding the handling and treatment of waste and modifies a prior decree for consistency with current regulations.
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Key Changes
- Defines illegal waste deposits exceeding set volume thresholds.
- Outlines the process for local authorities to report and seek recognition for illegal waste deposits.
- Modifies an existing decree for clarity in regulatory compliance.
Obligations
What this law requires
Local authorities must transmit a request file to the prefect for recognition of inability to identify waste producers and technical incapacity to handle waste, including: a violation report (procès-verbal) citing cadastral parcels, estimated waste volume, and confirmation of unidentified waste sources; and commitment to perform sorting operations if applicable.
The prefect must issue a decision on the request file within two months of receipt, specifying cadastral parcels, waste quantity evaluation, and any obligation to perform sorting operations. The prefect's order is valid for a maximum of three months, renewable once.
Waste from illegal deposits must not be mixed with other waste, and must be weighed separately upon entry to the storage or thermal treatment facility to ensure proper measurement and tracking.
Local authorities must communicate to each storage or thermal treatment facility operator: (1) the prefect's order or proof of request transmission with evidence of non-response; and (2) attestation that sorting operations were completed if applicable.
If waste reception occurs before prefect's order adoption, local authorities must provide required documentation within three months of waste reception.