Regulations in force:

Decree of 2 February 1998 concerning the levies and consumption of water, as well as emissions of all nature of classified installations for the protection of the environment subject to authorisation:
Article 1

This decree fixes the regulations applicable to the taking away and at water consumption like to the emissions of any nature of the installations classified for protection environment subjected to authorization, exclusion:

  • installations of combustion aimed by the decree of June 20, 1975 and the decree of June 27, 1990 and not belonging to a refinery of petroleum products and turbines and engines.
  • careers and installations of first treatment of materials of careers.
  • cement factories.
  • paper mills.
  • glassmakings and crystal manufactures
  • installations of treatment (incineration, composting…), storage or transit of urban residues or industrial waste
  • establishments of breeding
  • installations of incineration of corpses of pets.
  • surface treatment workshops.

The provisions of this decree apply to the decrees of authorization of the new and existing installations classified according to methods' defined in chapter X. The prefectoral decree of authorization can fix, as a need, provisions more severe than those prescribed in this decree. The particular provisions of the decrees relating to categories of specific installations entering the field of application of this decree remain applicable to these categories of installations when they are not contrary hereafter with the provisions.

Chapter 1st

General provisions
Article 2

The installations are designed so as to limit the pollutant emissions in the environment, in particular by the implementation of clean technologies, the development of beneficiation techniques, the selective collection and the liquid waste processing and waste according to their characteristics and the reduction of the rejected quantities. The regulations of this decree which do not present a precise character because of their general information, or which do not impose limiting values, are specified in the decree of authorization.

Article 3

The operating instructions of the whole of the installations comprise controls explicitly to be carried out, moving normal and following a stop for work of modification or maintenance in order to allow in all circumstances the respect of the provisions of this decree.

Article 4

I. Without damage of the payments of town planning, the owner adopts the provisions following, necessary to prevent the takes-off of dust and various matters:

  • the lanes and parking spaces of the vehicles are arranged (forms of slope, coating, etc), and suitably cleaned,
  • the vehicles leaving the installation do not involve a deposit of dust or mud on the lanes. For that of the provisions such as washing of the wheels of the vehicles must be planned where necessary,
  • surfaces where that is possible are turfed,
  • screens of vegetation are installed if necessary.

Equivalent provisions can be taken instead of those.

Polluting dust, gases or odors, as far as possible, are collected with the source and are channeled. Without damage of the rules relating to the hygiene and the safety of the workers, the rejections are in conformity with the provisions of this decree.

Storages of products in powder form are confined (closed containers, silos, buildings) and the installations of handling, transfer, transport of products in powder form, except shown technical impossibility, are provided with devices of hooding and aspiration making it possible to reduce the takes-off of dust.

If necessary, the eductors are connected to a dust extraction equipment in order to respect the provisions of this decree. The corresponding equipment and installations in addition satisfy the prevention of the explosion and fire hazards (vents for the turns of drying, dust extractors…).

The storage of the other products in bulk is carried out as far as possible in closed spaces. Failing this, of the particular provisions so much on the level of the design and construction (establishment according to the wind,…) that exploitation are implemented.

When storages are done with the free air, it can be necessary to envisage the humidification of storage or the pulverization of additives to limit the takes-off in dry weather.
II. The transport pipes of dangerous or unhealthy fluids and collection of effluents polluted or likely to be it are tight and resist the physical and chemical action of the products which they are likely to contain. They must be suitably maintained and to be the subject of suitable periodic examinations making it possible to ensure itself of their good state. Except exception moved by reasons of safety or hygiene, the transport pipes of dangerous fluids inside the establishment are air. The various drains are located in accordance with the rules in force. A diagram of all the networks and a plan of the sewers are establish by the owner, regularly updated, in particular after each notable modification, and dated. They are held with the provisions of the inspection of the installations classified as well as fire protection organizations and help.

Except for the accidental cases where the safety of the people or installations would be compromised, it is interdict to establish direct connections between the collecting systems of the effluents having to undergo a treatment or to be destroyed and the receiving medium.

Article 5

The establishment has sufficient reserves of products or consumable matters used in a current or occasional way to ensure the environmental protection such as handles of filter, products of neutralization, liquidate inhibiting, products absorbents…

Article 6

The owner makes the suitable provisions which make it possible to integrate the installation in the landscape. The whole of the installations is maintained clean and maintained permanently. The accesses of the installation, placed under the control of the owner are arranged and maintained in good condition of cleanliness (painting,…). The emissary of rejection and their periphery are the subject of a particular care (plantations, turfing,…).

Article 27

The gas effluents respect the following limiting values according to authorized maximum time flow's:

1 - Total dust :
  • If time flow is lower or equal to 1 kg/h, the limiting value of concentration is of 100 mg/m3.
  • If time flow is higher than 1 kg/h, the limiting value of concentration is 40 mg/m3.
  • (decree of February 15, 2000, article 1st)
8 - Metals and composed of metals (gas and particulate):

"d) Discharges of antimony, chromium plates, cobalt, copper, tin, manganese, nickel, vanadium and zinc, and their compounds other than those aimed to the 12°: if the total time antimony flow, chromium plates, cobalt, copper, tin, manganese (1), nickel, vanadium, zinc (1) and their compounds exceeds 25 g/h, the limiting value of concentration is 5 mg/m3 (expressed out of Sb + Cr + Co + Cu + Sn + mn + Nor + V + Zn). "

Article 52

The height of the chimney (difference between altitude of the outlet to the free air and average altitude of the ground at the place considered) expressed in meters is determined, on the one hand, according to the level of the emissions of pollutants to the atmosphere, on the other hand, according to the existence of obstacles likely to obstruct the dispersion of gases.

This height, which cannot be lower than 10 m, is fixed by the decree of authorization in accordance with articles 53 to 56 or is hereafter determined within sight of the results of a study of the conditions of dispersion of gases adapted to the site.

This study is obligatory for the rejections which exceed one of the following values:

  • 50 kg/h of dust.
  • 500 metal g/h enumerated to D of the 8° of article 27.

It is also obligatory in the steepsided valleys like when there are buildings great height (higher than 28 m) near the installation. (Decree of February 15, 2000, article 5) “In the case of a rejection of one (or of) substance (S) likely (S) to accumulate in the ground such (S) that metals, the study must in addition examine the effects due to this accumulation by holding account of the possible former deposits in particular and of the potential lifespan of the installation.”

Article 53

One calculates initially the quantity S = K q/cm for each principal pollutant where:

  • K is a coefficient which is worth 340 for the gaseous pollutants and 680 for dust,
  • Q is the maximum instantaneous theoretical flow pollutant considered emitted with the chimney expressed in kilogrammes per hour,
  • cm is the maximum concentration of the pollutant considered as acceptable on the level of the ground because of installation expressed in milligrams per normal cubic meter,
  • cm is equal to Cr - Co where Cr is a value of reference given by the table below and where Co is the annual average of the concentration measured with the place considered.

(Decree of February 15, 2000, article 6)
Pollutant Cr value
Dust 0,15

In the absence of measurements of pollution, Co can be taken contractually in the following way:

Little polluted zone 0,01
Fairly urbanized or fairly industrialized zone 0,04
Very urbanized or very industrialized zone 0,08

For the other pollutants, in the absence of measurement, Co could be neglected. One determines then S which is equal to largest values of S calculated for each principal pollutant.

Article 54

The height of the chimney, expressed in meters, must be at least equal to the value HP thus calculated:

  • S is defined in the preceding article,
  • R is the gas output expressed in cubic meters per hour and counted at the effective temperature of ejection of gases,
  • D T is the difference expressed in Kelvin between the temperature with the outlet of the chimney and the annual average temperature of the ambient air. If D T is lower than 50 Kelvin one the value of 50 for calculation adopts.
Article 55

If an installation is equipped with several chimneys or if there exists in its vicinity of other rejections of the same pollutants to the atmosphere, the calculation height of the chimney considered is carried out as follows:

  • Two chimneys I and J, heights respectively hi and hj calculated in accordance with article 54, are regarded as dependent if the three following conditions are simultaneously met:
  • the distance between the axes of the two chimneys is lower than the sum: (hi + hj + 10) (in meters),
  • hi is higher than half of hj,
  • hj is higher than half of hi.

One thus determines the whole of the chimneys dependent on the chimney considered of which the height is at least equal to the value of HP calculated for the total mass throughput of pollutant considered and the total volume throughput of producedes gas by the whole of these chimneys.

Article 56

If there is in the vicinity of the natural or artificial obstacles likely to disturb the dispersion of gases, the height of the chimney must be corrected as follows:

  • one calculates the value HP defined in article 54, by taking account of the other rejections when there is, as indicated in article 55;
  • one regards as obstacles the structures and the buildings, and in particular that sheltering the studied installation, meeting the following conditions simultaneously:
  • they are located at a horizontal distance (expressed in meters) lower than 10 HP + 50 of the axis of the chimney considered,
  • they have a width higher than 2 meters,
  • they are seen chimney considered under an angle higher than 15° in the horizontal plane,
  • either hi the altitude (expressed in meters and catch compared to the mean level of the ground at the place of the chimney considered) of a point of an obstacle located at a horizontal distance di (expressed in meters) of the axis of the chimney considered, and or Hi defined as follows:
  • if di lies between 2 HP + 10 and 10 HP + 50,
  • that is to say HP largest of the Hi values calculated for all the points of all the obstacles defined above;
  • the height of the chimney must be higher or equal to largest values HP and HP.
  • soit Hp la plus grande des valeurs Hi calculées pour tous les points de tous les obstacles définis ci-dessus;
  • la hauteur de la cheminée doit être supérieure ou égale à la plus grande des valeurs Hp et hp.
Article 57

The speed of ejection of gases moving maximum continuous is at least equal to 8 m/s if the flow of emission of the chimney considered exceeds 5.000 m3/h, 5 m/s if this flow is lower or equal to 5.000 m3/h.