When, for three consecutive years, the number of deaths in a municipality has exceeded the average mortality figure for France, the Director General of the Regional Health Agency will carry out a survey of the sanitary conditions in the municipality and communicate the results to the State representative in the département.
If this survey establishes that the sanitary state of the municipality requires sanitation work, in particular that it does not have drinking water of good quality or in sufficient quantity, or that waste water remains stagnant, the representative of the State in the department, after giving formal notice to the municipality, which has not been followed up, invites the competent departmental committee for the environment, health and technological risks to deliberate on the usefulness and nature of the work deemed necessary. The mayor is given formal notice to present his observations to the departmental committee responsible for the environment, health and technological risks.
In the event of an opinion from the departmental committee responsible for the environment, health and technological risks to the contrary or a complaint from the municipality, the representative of the State in the department forwards the council’s decision to the Minister of Health who, if he considers it appropriate, submits the matter to the French High Council for Public Health. The latter conducts a survey, the results of which are posted in the commune. On the advice of the departmental committee responsible for the environment, health and technological risks and the French High Council for Public Health, the representative of the State in the department gives the municipality formal notice to draw up the project and carry out the work. If, within one month of this formal notice, the municipal council has not undertaken to comply, or if, within three months, it has not taken any steps to carry out the work, a decree by the Conseil d’Etat orders the work to be carried out and determines the conditions under which it is to be carried out.
The departmental council decides, under the conditions set out in articles L. 3215-1 and L. 3215-2 of the general code for local authorities, on the department’s contribution to the cost of the work specified above.