The administrative tribunal's decision to suspend an administrative decree making a company liable for a sum intended to finance works to bring its wastewater treatment plants into compliance with ICPE legislation.
Extract
[...] II- The urgency of the situation rejected The recall of the condition related to urgency - Recall the condition related to urgency: the legislator has not given a definition of urgency, the administrative judge has intervened to specify this requirement. The jurisprudence National Confederation of Free Radios (CE January 2001) + jurisprudence Prefect of Alpes-Maritimes (CE February 2001) : to recall. - She is very often presumed as can be attested by constant jurisprudence: Minister of the Interior (CE March 2001). [...]
[...] The law's objective: regulating polluting emissions from activities. Classified ICPE sites use substances that pose risks to the environment. - This is the case in question. The ICPE Act requires the SARL applicant to respect a maximum volume of litres of treated milk per day, a maximum discharge rate of wastewater into nature through its wastewater treatment plant, and chemical parameters to preserve the quality of the water. The absence of serious doubt as to the legality of the decision - The Court quickly dismisses the question of serious doubt as to the legality of the decision (consideration 7). [...]
[...] The taking into account of the entire set of interests present - The judge takes into account the entire set of interests present to assess the urgent situation. In this case: the company's financial and accounting situation vs the general interest that the prefect takes the appropriate measures for the preservation of the natural environment which is threatened by the polluting activities of the applicant company. - The judge of the referring judge prioritizes the general interest. This is the protection of Article L. 511-1 of the Environment Code (specify). Decision largely in favor of the preservation of natural environments. [...]
