French Public Health Code
In forceI.-The decision on the application for authorisation to use water for human consumption is taken by prefectoral order. Reasons are given for this order.
The prefectoral authorisation order indicates in particular the identification of the holder of the authorisation and the purpose of this use, the locations of the water catchments and their operating conditions, the protection measures, including the protection perimeters provided for in article L. 1321-2, the places and areas of water production, distribution and conditioning and, where applicable, the treatment products and processes used, the procedures for implementing monitoring as well as the protection measures for old abandoned water catchments.
When it determines the protection perimeters provided for in article L. 1321-2, this decree declares the said perimeters to be in the public interest.
When the abstraction works and structures are located within the perimeter of a protection forest within the meaning ofarticle L. 411-1 of the Forestry Code, this decree declares the said works and structures to be in the public interest pursuant to article R. 412-19 of the same code and authorises, where applicable, the clearing required under article L. 311-1 or article L. 312-1 of the same code.
In the case of packaged water, the prefectoral order also specifies the information required by articles R. 1321-87 to R. 1321-90 or article R. 1321-92 of this code.
A notice of the order granting authorisation to use water for human consumption is published in the departmental government's collection of administrative acts.
If the Prefect remains silent for more than four months on the application for authorisation to use water for human consumption, this is deemed to constitute a decision to reject the application. This period is suspended for the time allowed for the production of documents requested by the Prefect or extended to six months when the opinion of the Agence nationale de sécurité sanitaire de l'alimentation, de l'environnement et du travail is required.
II -When the water supplied does not comply with the provisions of article R. 1321-2 and the commissioning of a new catchment allows water to be supplied which complies with these provisions, a request for a derogation from the procedure defined in I of article R. 1321-7 may be submitted to the Prefect so that an urgent decision may be taken on an authorisation to use water for human consumption before the protection areas provided for in article L. 1321-2 have been declared to be in the public interest.
The prefectoral authorisation order, issued in accordance with the procedure laid down in I of article R. 1321-7, contains the information mentioned in I of this article, with the exception of the provisions relating to the protection perimeters.
The Prefect decides on the final authorisation by means of a supplementary order containing the provisions relating to the protection perimeters, issued after consulting the Departmental Council for the Environment and Health and Technological Risks (Conseil Départemental de l'Environnement et des Risques Sanitaires et Technologiques).
The provisions of this II do not apply to conditioned waters mentioned in article R. 1321-69.
