I. – A guarantee fund for risks associated with the agricultural spreading of urban or industrial sewage sludge is responsible for compensating farmers and owners of agricultural and forestry land for losses suffered in cases where such land, having been spread with urban or industrial sewage sludge, becomes wholly or partially unfit for cultivation due to the occurrence of a health risk or ecological damage associated with the spreading, provided that, due to the state of scientific and technical knowledge, this risk or this damage could not be known at the time of spreading and insofar as this risk or this damage is not insurable by the civil liability insurance contracts of the owner of the collective treatment systems for domestic waste water or, where applicable, of his delegate(s), of the emptying company, or of the owner of the treatment systems for industrial waste water, hereinafter referred to as “sludge producers”, or insofar as this risk or this damage is not insurable by the civil liability insurance contracts of the owner of the collective treatment systems for domestic waste water or, where applicable, of his delegate(s), of the emptying company, or of the owner of the treatment systems for industrial waste water, hereinafter referred to as “sludge producers”: “sludge producers”, or by insurance contracts relating to the production and disposal of sludge.
The list of industrial branches covered by this article is defined by decree in the Conseil d’Etat.
The fund provides compensation for the damage observed, up to a maximum amount, provided that the spreading was carried out in accordance with the regulations in force.
The amount of compensation depends on the loss suffered and may not exceed the value of the land for the owner.
The fund’s accounting and financial management is carried out by the caisse centrale de réassurance in an account separate from those recording its other operations. The costs it incurs for this management are charged to the fund.
The fund is informed of all disputes relating to the agricultural spreading of sewage sludge handled directly by the insurance companies.
II. – (repealed).
III. – A Conseil d’Etat decree specifies the conditions for application of this article, in particular the maximum amount that the fund’s resources may reach.