Section 2: Water and sanitation

I. - Authorisation to implement a water pricing system that does not include a term directly proportional to the total volume consumed may only be granted if the total population of the commune, the public establishment for inter-communal cooperation or the mixed syndicate is less than one thousand inhabitants and if the water resource is naturally abundant in the sub-basin or in the groundwater used by the drinking water service.

II. - When a request is made to the prefect by the mayor, the president of the public establishment for inter-communal cooperation or the president of the competent mixed syndicate to authorise the implementation of a water pricing system that does not include a term directly proportional to the total volume consumed, the prefect consults the public service delegatees concerned and the departmental consumer associations approved pursuant to article L. 411-1 of the Consumer Code by prefectoral decree or due to their affiliation to a national association that is itself approved.

The opinions are deemed favourable if they are not issued within two months of the date of the request for an opinion.

III. - When authorisation is granted, the charges implemented in the commune, public establishment for inter-communal cooperation or mixed syndicate include a flat-rate part that is identical for all users or variable according to their needs.

IV. - The authorisation is tacitly renewed each year. However, if for three consecutive years the conditions for issuing the authorisation are no longer met by the municipality, the public establishment for inter-municipal cooperation or the mixed syndicate, the prefect shall terminate the authorisation by a reasoned order.

Within a period of two years from the date of publication of this order, water pricing in the commune, public establishment for inter-communal cooperation or mixed syndicate is brought into compliance with the first and second paragraphs of I of article L. 2224-12-4.

V. - In Corsica, the implementation of the charging system provided for in this article is authorised, under the same conditions, by deliberation of the Assembly of Corsica.