LAW N°98/015 OF 14 JULY 1998
This law governs establishments classified as dangerous, unhealthy or inconvenient, in accordance with the principles of environmental management and protection of the Republic.
The following are subject to the provisions of this law: factories, workshops, warehouses, building sites, quarries and, in general, any other establishment classified as dangerous, unhealthy or inconvenient, quarries and, in general, industrial, artisanal or commercial installations operated or owned by any natural or legal person, public or private, and which present or may present or may present a danger to health, safety, public health, agriculture, nature or the environment in general environment in general, or inconvenience the neighbourhood.
The types of establishments subject to the provisions of this law and the classification of each of them shall be determined by regulation.
Establishments classified as dangerous, unhealthy or inconvenient are divided into two classes according to the dangers or seriousness of the inconveniences inherent in their operation:
a) The first class comprises establishments which may be authorized to operate only on condition that measures are taken to prevent the dangers or inconveniences referred to above. Such authorization may be made conditional on the establishment being located outside residential areas or away from water catchments, the sea and buildings occupied by third parties;
(b) The second class comprises establishments which, although they do not present significant hazards or for the interests referred to above, are nevertheless subject to general requirements designed to ensure the protection of their interests.
PROVISIONS SPECIFIC TO ESTABLISHMENTS OF FIRST-CLASS CATEGORY
Before being set up and operated, first class establishments must be subject to an authorization issued by the Minister responsible for classified establishments, after consulting the other administrations concerned.
Before opening a first-class establishment, the person in charge must carry out a hazard study in accordance with the procedures laid down by regulation.
Applications for authorization to operate first class establishments are subject to a public enquiry, opened by the Minister responsible for classified establishments, in accordance with the conditions laid down by regulation.
The authorization specifies the conditions of installation and operation, as well as the technical requirements designed to safeguard the interests mentioned above.
The authorization is granted subject to the rights of third parties.
For the protection of the interests referred to above, the Minister responsible for classified establishments, in accordance with the conditions laid down by regulation, shall delimit a safety perimeter around first-class establishments within which dwellings and any activity incompatible with the operation of the said establishments exist.
First-class facilities that generate solid, liquid or gaseous pollution must self-monitor their discharges.
Standards set by regulation determine the acceptable emission levels of discharges into the environment.
PROVISIONS SPECIFIC TO SECOND CLASS ESTABLISHMENTS
Before opening, second class establishments must be the subject of a written declaration addressed to the Minister responsible for classified establishments, who takes a decision, after consulting the other administrative authorities concerned, in accordance with the procedures laid down by regulation.
Second class establishments are subject to the general requirements laid down by regulation for the protection of the interests referred to in the law.
Additional requirements may, where necessary, be laid down to deal with the inconveniences inherent in the operation of a second-class establishment, in accordance with the procedures laid down by law.
The operator of a second-class establishment may, on the basis of a reasoned request to the Minister responsible for classified establishments, obtain the removal or mitigation of certain requirements to which it is subject.
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