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LEGAL NEWS ON SOIL REMEDIATION AND REHABILITATION OF FORMER INDUSTRIAL SITES
WHY THIS BLOG ?
France has more than 320,000 former industrial sites and numerous brownfields. In the context of the fight against the artificialization of soils, the revitalization of these brownfields has become a health, ecological and economic necessity.
Legal mechanisms exist to facilitate the revitalization of these brownfields, such as the "third-party-substitute" introduced by the ALUR Law on the 24th March 2014 and its decree of application on the 18th August 2015; the "change-of-use" enclosed in Article L. 556-1of the Environmental Code); and private law mechanisms (easments, restrictions on use, insurance).
However, unlike water and air, the soil is not currently the subject of any dedicated law. It is still largely regulated by jurisprudence and by national guidelines without binding scope.
This blog aims to make lawyers and non-lawyers aware of the (very rapid) legal developments in this new sector of activity.
The lawfirm CLP-CLIPERTON advises industrial companies, land planners, develppers of renewable energy in projects of remediation, revitalization, sales and rents industrial sites.
Pou nou later, pena plan B
Facilities classified for environmental protection
Facilities classified for environmental protection are "factories, workshops, depots, construction sites and in general, facilities operated or owned by any individual or corporation, public or private, which may present dangers or inconveniences either for the comfort of the neighborhood, or for the public health, safety, public health or for the agriculture or for the protection of nature, of the environment and of landscapes, as well as for the rational use of energy or for the conservation of sites and monuments and elements of archaeological heritage" (Article L.511-1 of the Environmental Code)
Rehabilitation
Upon termination of its activity, the operator of a facility is subject to authorization or registration in a public registry is required to rehabilitate the site in such a state that it allows for a future use determined jointly with the owner and the competent authorities in the domain of urbanism. In the absence of agreement, the future use of the site is to be a use comparable to that of the last period of operation of the installation (unless manifest incompatibility with the urban planning documents). For facilities authorized or registered after February 1,2004, future use is set in the original authorization.
Polluted Site
The Environmental Code does not define the concept of "polluted site". The provisions relating to polluted sites and soils were introduced in the Environment Code by the executive act (ordonnance) of 17 December 2010, introducing various provisions to adapt the national legislation to EU waste law. The "LEVE" procedure carried out by consulting firms can establish whether a site falls within the scope of national guidelines applicable to polluted sites and soils.
Waste
Waste is defined as "any substance or object, or more generally any movable goods, which the holder disposes of or which he intends, or has an obligation to, dispose of " (Article L.541-1-1 of the Environmental Code)
Wasteland
To date, there is no legal definition of a wasteland or abandoned site. A wasteland is characterized by two elements: the loss of use and the difficulty of presenting, as it stands, an economic interest for the market.
Facilities classified for environmental protection
Facilities classified for environmental protection are "factories, workshops, depots, construction sites and in general, facilities operated or owned by any individual or corporation, public or private, which may present dangers or inconveniences either for the comfort of the neighborhood, or for the public health, safety, public health or for the agriculture or for the protection of nature, of the environment and of landscapes, as well as for the rational use of energy or for the conservation of sites and monuments and elements of archaeological heritage" (Article L.511-1 of the Environmental Code)
Rehabilitation
Upon termination of its activity, the operator of a facility is subject to authorization or registration in a public registry is required to rehabilitate the site in such a state that it allows for a future use determined jointly with the owner and the competent authorities in the domain of urbanism. In the absence of agreement, the future use of the site is to be a use comparable to that of the last period of operation of the installation (unless manifest incompatibility with the urban planning documents). For facilities authorized or registered after February 1,2004, future use is set in the original authorization.
Polluted Site
The Environmental Code does not define the concept of "polluted site". The provisions relating to polluted sites and soils were introduced in the Environment Code by the executive act (ordonnance) of 17 December 2010, introducing various provisions to adapt the national legislation to EU waste law. The "LEVE" procedure carried out by consulting firms can establish whether a site falls within the scope of national guidelines applicable to polluted sites and soils.
Waste
Waste is defined as "any substance or object, or more generally any movable goods, which the holder disposes of or which he intends, or has an obligation to, dispose of " (Article L.541-1-1 of the Environmental Code)
Wasteland
To date, there is no legal definition of a wasteland or abandoned site. A wasteland is characterized by two elements: the loss of use and the difficulty of presenting, as it stands, an economic interest for the market.
Facilities classified for environmental protection
Facilities classified for environmental protection are "factories, workshops, depots, construction sites and in general, facilities operated or owned by any individual or corporation, public or private, which may present dangers or inconveniences either for the comfort of the neighborhood, or for the public health, safety, public health or for the agriculture or for the protection of nature, of the environment and of landscapes, as well as for the rational use of energy or for the conservation of sites and monuments and elements of archaeological heritage" (Article L.511-1 of the Environmental Code)
Rehabilitation
Upon termination of its activity, the operator of a facility is subject to authorization or registration in a public registry is required to rehabilitate the site in such a state that it allows for a future use determined jointly with the owner and the competent authorities in the domain of urbanism. In the absence of agreement, the future use of the site is to be a use comparable to that of the last period of operation of the installation (unless manifest incompatibility with the urban planning documents). For facilities authorized or registered after February 1,2004, future use is set in the original authorization.
Polluted Site
The Environmental Code does not define the concept of "polluted site". The provisions relating to polluted sites and soils were introduced in the Environment Code by the executive act (ordonnance) of 17 December 2010, introducing various provisions to adapt the national legislation to EU waste law. The "LEVE" procedure carried out by consulting firms can establish whether a site falls within the scope of national guidelines applicable to polluted sites and soils.
Waste
Waste is defined as "any substance or object, or more generally any movable goods, which the holder disposes of or which he intends, or has an obligation to, dispose of " (Article L.541-1-1 of the Environmental Code)
Wasteland
To date, there is no legal definition of a wasteland or abandoned site. A wasteland is characterized by two elements: the loss of use and the difficulty of presenting, as it stands, an economic interest for the market.
Facilities classified for environmental protection
Facilities classified for environmental protection are "factories, workshops, depots, construction sites and in general, facilities operated or owned by any individual or corporation, public or private, which may present dangers or inconveniences either for the comfort of the neighborhood, or for the public health, safety, public health or for the agriculture or for the protection of nature, of the environment and of landscapes, as well as for the rational use of energy or for the conservation of sites and monuments and elements of archaeological heritage" (Article L.511-1 of the Environmental Code)
Rehabilitation
Upon termination of its activity, the operator of a facility is subject to authorization or registration in a public registry is required to rehabilitate the site in such a state that it allows for a future use determined jointly with the owner and the competent authorities in the domain of urbanism. In the absence of agreement, the future use of the site is to be a use comparable to that of the last period of operation of the installation (unless manifest incompatibility with the urban planning documents). For facilities authorized or registered after February 1,2004, future use is set in the original authorization.
Polluted Site
The Environmental Code does not define the concept of "polluted site". The provisions relating to polluted sites and soils were introduced in the Environment Code by the executive act (ordonnance) of 17 December 2010, introducing various provisions to adapt the national legislation to EU waste law. The "LEVE" procedure carried out by consulting firms can establish whether a site falls within the scope of national guidelines applicable to polluted sites and soils.
Waste
Waste is defined as "any substance or object, or more generally any movable goods, which the holder disposes of or which he intends, or has an obligation to, dispose of " (Article L.541-1-1 of the Environmental Code)
Wasteland
To date, there is no legal definition of a wasteland or abandoned site. A wasteland is characterized by two elements: the loss of use and the difficulty of presenting, as it stands, an economic interest for the market.
Facilities classified for environmental protection
Facilities classified for environmental protection are "factories, workshops, depots, construction sites and in general, facilities operated or owned by any individual or corporation, public or private, which may present dangers or inconveniences either for the comfort of the neighborhood, or for the public health, safety, public health or for the agriculture or for the protection of nature, of the environment and of landscapes, as well as for the rational use of energy or for the conservation of sites and monuments and elements of archaeological heritage" (Article L.511-1 of the Environmental Code)
Rehabilitation
Upon termination of its activity, the operator of a facility is subject to authorization or registration in a public registry is required to rehabilitate the site in such a state that it allows for a future use determined jointly with the owner and the competent authorities in the domain of urbanism. In the absence of agreement, the future use of the site is to be a use comparable to that of the last period of operation of the installation (unless manifest incompatibility with the urban planning documents). For facilities authorized or registered after February 1,2004, future use is set in the original authorization.
Polluted Site
The Environmental Code does not define the concept of "polluted site". The provisions relating to polluted sites and soils were introduced in the Environment Code by the executive act (ordonnance) of 17 December 2010, introducing various provisions to adapt the national legislation to EU waste law. The "LEVE" procedure carried out by consulting firms can establish whether a site falls within the scope of national guidelines applicable to polluted sites and soils.
Waste
Waste is defined as "any substance or object, or more generally any movable goods, which the holder disposes of or which he intends, or has an obligation to, dispose of " (Article L.541-1-1 of the Environmental Code)
Wasteland
To date, there is no legal definition of a wasteland or abandoned site. A wasteland is characterized by two elements: the loss of use and the difficulty of presenting, as it stands, an economic interest for the market.
Facilities classified for environmental protection
Facilities classified for environmental protection are "factories, workshops, depots, construction sites and in general, facilities operated or owned by any individual or corporation, public or private, which may present dangers or inconveniences either for the comfort of the neighborhood, or for the public health, safety, public health or for the agriculture or for the protection of nature, of the environment and of landscapes, as well as for the rational use of energy or for the conservation of sites and monuments and elements of archaeological heritage" (Article L.511-1 of the Environmental Code)
Rehabilitation
Upon termination of its activity, the operator of a facility is subject to authorization or registration in a public registry is required to rehabilitate the site in such a state that it allows for a future use determined jointly with the owner and the competent authorities in the domain of urbanism. In the absence of agreement, the future use of the site is to be a use comparable to that of the last period of operation of the installation (unless manifest incompatibility with the urban planning documents). For facilities authorized or registered after February 1,2004, future use is set in the original authorization.
Polluted Site
The Environmental Code does not define the concept of "polluted site". The provisions relating to polluted sites and soils were introduced in the Environment Code by the executive act (ordonnance) of 17 December 2010, introducing various provisions to adapt the national legislation to EU waste law. The "LEVE" procedure carried out by consulting firms can establish whether a site falls within the scope of national guidelines applicable to polluted sites and soils.
Waste
Waste is defined as "any substance or object, or more generally any movable goods, which the holder disposes of or which he intends, or has an obligation to, dispose of " (Article L.541-1-1 of the Environmental Code)
Wasteland
To date, there is no legal definition of a wasteland or abandoned site. A wasteland is characterized by two elements: the loss of use and the difficulty of presenting, as it stands, an economic interest for the market.
ARTICLES
CLP-NETWORK
The CLP network is a cooperative space dedicated to the recovery of brownfields and former industrial sites.
Twice a year, it brings together public establisments, industrial companies, land developers, developers of renewable energy and any other companies that work in land development (insurance, notaries...). They discuss updates and progress in the field.
The objective of the network is to find/start/help new and current environmentaly constructive projects.
YOU WANT TO JOIN THE CLP NETWORK?
Find out more about the CLP Network, its members and how to join?