Implementation of procedures
Find out how you can raise awareness among your constituents through administrative and criminal procedures
Observe abandoned waste to raise awareness and protect
Today, municipal police can observe illegal dumping using video footage and launch procedures (1).
Thanks to the Vizzia system, they can send, to the Mayor or the Prosecutor, a report containing the necessary evidence: image of the deposit and license plates of the offender.
This observation may give rise to criminal proceedings (2) or administrative proceedings (3) depending on the choice made by the community.
Administrative process
In this context, article L541-3 of the Environmental Code, allows the polluter to be asked to present his written or oral observations, to apply an administrative fine of up to €15,000, and to put him on notice for restore the premises.
This administrative sanction can be implemented by the Mayor or the President of the EPCI within the framework of their special administrative police powers.
Advantages of the administrative procedure
- The entire procedure is managed by the community under the special authority of the mayor in matters of waste.
- All administrative fines go to the community. creating a virtuous polluter-pays policy.
- In 2019, the AGEC law adopted an “immediate” administrative fine, i.e. before formal notice, of a maximum amount of 15,000 euros: the community can therefore pick up the waste and launch the procedure afterwards. *
Observe infractions and identify offenders
- Wild waste deposited using a vehicle :
The officer collects proof of the deposit and identifies the offender by his or her license plate.
As part of their mission, municipal police officers may consult the SIV file in order to use license plates to identify polluters (L330-2 4° of the Highway Code and R330-2 4° of the Highway Code).
The law now allows pecuniary liability of the vehicle owner in matters of illegal dumping, contrary to the principle of driver liability in road matters (article L121-2 of the Highway Code), which facilitates the identification of polluters using a vehicle.
- Abandoned waste by a pedestrian :
In addition, and in accordance with articles L172-4 and L171-4, sworn agents may collect additional elements to the identification on site and write a Report on administrative breach if the identity of the polluter is known.
The observation can also make it possible to organize Flagrance operations on preferential slots or days in order to raise awareness among polluters.
Automatically generate administrative procedures
People who can access the images and see the deposits
- The mayor and his deputies/president of the EPCI
- Municipal police officers and field guards
- Authorized and sworn agents (article L541-44-1 of the Environmental Code or under the Public Health Code).
- The agents in charge of administrative control declared in the prefectural application not specifically sworn
Penal procedure
In this context, in accordance with Penal Code (1), the system allows prevention and detection only. In agreement with the OMP or the Prosecutor, the evidence collected using the system can make it possible to fine the offender.
Observation of offenses by agents
- Wild deposit using a vehicle :
The municipal police officer collects proof of the deposit and identifies the offender using his license plate (2). Subsequently, he can send a report establishing an offense to the prosecutor, who will make the decision whether to issue a fine or not. - Wild deposit made by a pedestrian :
The police officer draws up a report of findings to launch an investigation with the competent OPJ.
1. Articles R.632-1 and 635-8 of the Criminal Code. 2. Articles L330-2 and R330-2 of the Highway Code
