French Public Health Code
In forceAt the time of the first request, the Prefect, on the report of the Director General of the Regional Health Agency :
1° Or considers that non-compliance with the quality limit is not serious and that the corrective measures taken allow the situation to be rectified within a maximum period of thirty days. In this case, it sets the maximum permissible value for the parameter concerned and the time allowed to correct the situation.
Recourse to this provision is no longer possible when a quality limit has not been complied with for a total of more than thirty days over the previous twelve months;
2° Or considers that the conditions of 1° have not been met and, after obtaining the opinion of the Departmental Council for the Environment and Health and Technological Risks, except in emergencies, issues an order in which it mentions the following points
a) The distribution unit concerned ;
b) Where applicable, the provisions concerning the food businesses concerned;
c) The reasons for requesting the derogation;
d) The maximum permissible value for the parameter(s) concerned;
e) The time allowed to rectify the situation;
f) The planned health monitoring and control programme.
The following elements are specified in the annex to the order:
-with regard to the distribution unit, a description of the production and distribution system concerned, the quantity of water distributed each day and the population affected;
-with regard to the quality of the water, the relevant results of previous quality monitoring checks;
-a summary of the plan for the necessary corrective measures, including a timetable for the work, an estimate of costs and the relevant indicators for the assessment.
If the Prefect remains silent for more than four months, this constitutes an acceptance decision.
