It is forbidden:
– To harm the quality of the air or to cause any form of change to its characteristics that could have a harmful effect on public health or property;
– Emit into the air any polluting substance, in particular smoke, dust or toxic, corrosive or radioactive gases, in excess of the limits set by the implementing regulations for this law or, as the case may be, by specific regulations;
– Emit odours which, due to their concentration or nature, are particularly unpleasant for humans.
In order to prevent air pollution, buildings, agricultural, industrial, commercial or craft establishments, vehicles or other movable objects owned, operated or held by any natural or legal person must be constructed, operated or used in such a way as to comply with the technical standards in force or established pursuant to the law or specific texts.
Special protection zones subject to special measures are, where necessary, established by decree on a proposal from the territorially competent Prefect when the level of pollution observed is below the minimum quality threshold set by the regulations, or in the light of certain circumstances likely to worsen the deterioration.
With a view to limiting or preventing a foreseeable increase in atmospheric pollution as a result of industrial and human developments, to ensure special protection for the environment and to protect human health, sensitive areas may be created and delimited on the proposal of the territorially competent Prefect by joint order of the Ministers responsible for the environment, public health, territorial administration and mining.
The Prefect may institute air pollution alert procedures, on the advice of the competent local technical services.
Where persons responsible for polluting emissions into the atmosphere in excess of the standards set by the Administration, have not taken steps to comply with the regulations, the competent authority will send them formal notice to do so.
In the event that this formal notice remains without effect or has not produced the expected results within the time limit, or ex officio, in an emergency, the competent authority must, in consultation with the parties concerned, issue a formal notice. the Administration in charge of the environment and others concerned, suspend the operation of the installation in question or have the necessary measures carried out, at the owner’s expense or by recover the cost from the owner.
For the purposes of protecting the atmosphere, the competent Administrations, in collaboration with the Administration in charge of the environment and the private sector, are responsible for taking measures to:
– Applying the Montreal Protocol and its amendments;
– Developing renewable energies;
– Preserving the regulating function of forests on the atmosphere.
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