I.-In application of the second paragraph of II of article L. 1333-26, the representative of the State in the département submits the draft order defining the public utility easements for written consultation. The representative requests the written opinion of the party responsible for the pollution, the owners of the polluted plots and other holders of rights in rem or their successors where known, the mayors of the municipalities concerned and the Nuclear Safety Authority.
If no opinion is issued within three months, the opinion is deemed to be favourable.
II -When the draft order is subject to a public enquiry in application of the third paragraph of II of article L. 1333-26, the State representative in the department implements the procedure provided for by the provisions of Chapter III of Title II of Book I of the Environment Code and of II and III of this article.
The public notice provided for in article R. 123-11 of the Environment Code, mentions the perimeter as well as the planned public utility easements.
As soon as it has referred the matter to the president of the administrative court in accordance with article R. 123-5 of the Environment Code, the State representative in the département sends a copy of the draft order to the mayors of the municipalities concerned and to the Nuclear Safety Authority for their opinion. In the absence of an opinion within fifteen days of the close of the public enquiry, the opinion is deemed to be favourable.
III – The representative of the State in the department draws up a report summarising the results of the consultations carried out, as appropriate, in application of I or II of this article and gives his conclusions on the draft order. This report and the draft order are submitted to the Conseil départemental de l’environnement et des risques sanitaires et technologiques under the conditions provided for in the second paragraph of Article R. 515-31-6 of the Environment Code. The Nuclear Safety Authority is entitled to be heard by the council or to appoint a representative for this purpose.
IV.-The act instituting the public utility easements is notified by the State representative in the department to the mayors of the municipalities concerned, to the person responsible for the pollution and to each of the owners of the polluted plots and other holders of real rights or their assignees when they are known.
In order to inform third parties, this act is published in the department’s registry of administrative acts and published in the land register.
The costs associated with this publication are borne by the party responsible for the pollution.
V.-Where the party responsible for the pollution has been identified and is solvent, the establishment of public utility easements gives rise to compensation in accordance with the procedures defined in article L. 1333-26.