French General Code of Local Authorities
In forceI. - Communes are responsible for wastewater treatment.
In this context, they draw up a collective wastewater treatment plan including, before the end of 2013, a detailed description of wastewater collection and transport works. This description is updated at intervals set by decree in order to take into account any work carried out on these facilities.
II. - The municipalities are responsible for monitoring connections to the public collection network, the collection, transport and treatment of wastewater and the disposal of the sludge produced. They may also, at the request of the owners, ensure the work to bring the works referred to in Article L. 1331-4 of the Public Health Code into compliance, from the bottom of the downpipes of the buildings to the public part of the connection, and the work to remove or block pits and other installations of the same nature when the building is connected.
The connection inspection is carried out in particular for any new connection of a building to the public wastewater collection network in accordance with the first paragraph of article L. 1331-1 of the same code and when the connection conditions are modified. On completion of the inspection of the connection to the public network, the municipality draws up and sends to the owner of the building or, in the case of a condominium, to the condominium association, a document describing the inspection carried out and assessing the compliance of the connection with the regulatory requirements. This document is valid for ten years. The inspection carried out at the request of the owner of the building or the co-owners' association is carried out at the latter's expense and the municipality forwards this document to it within a period set by decree in the Conseil d'Etat.
The extent of the services relating to municipal sanitation services and the periods within which these services must actually be provided are set by decree in the Conseil d'Etat, depending on the characteristics of the municipalities and in particular the size of the total agglomerated and seasonal populations.
III. - For properties that are not connected to the public sewerage system, the municipality is responsible for inspecting non-collective sanitation installations. This mission consists of:
1° In the case of new installations or installations to be renovated, a preliminary examination of the design attached, if necessary, to any application for a building or development permit and a verification of execution. At the end of the inspection, the municipality draws up a document assessing the compliance of the installation with the regulatory requirements;
2° In the case of other installations, a check on operation and maintenance. At the end of the inspection, the municipality draws up a document specifying the work to be carried out to eliminate the dangers to people's health and the proven risks of environmental pollution.
The procedures for carrying out the inspection mission, the criteria for assessing compliance, the criteria for assessing the dangers to health and the risks of environmental pollution, as well as the content of the document given to the owner at the end of the inspection are defined by an order of the ministers responsible for the interior, health, the environment and housing.
The municipalities determine the date on which they carry out the inspection of non-collective sanitation installations; they carry out this inspection by 31 December 2012 at the latest, and then at intervals that may not exceed ten years.
They may ensure, with the written agreement of the owner, the maintenance, construction work and rehabilitation work on non-collective sanitation installations prescribed in the inspection document.
They may lay down technical specifications, in particular for the soil study or the choice of system, with a view to the installation or rehabilitation of all or part of a non-collective sanitation facility.
Collective sanitation facilities receiving domestic or assimilated wastewater within the meaning of article L. 214-2 of the Environmental Code and not falling into the category of facilities with soil treatment are subject to approval issued by one or more bodies, notified by the State to the European Commission under Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised marketing conditions for construction products and repealing Council Directive 89/106/EEC, competent in the field of sanitation products and designated by order of the ministers responsible for the environment and health.
The ministers responsible for the environment and health may, under conditions specified by decree, ask the notified body to carry out a new assessment of an application for approval that the notified body has examined.
