Department ARRETE N° 2011/014
ARDÈCHE
Common Prohibition of prospecting
VIVIERS shale gas on the town
; Mayor TANKS (Ardèche)
VU the Constitution and its preamble,
VU the preamble to the Constitution of 27 October 1946 by which guarantees to all the nation's health protection,
VU the Environmental Charter of 2004 and in particular, its Article 5 that "When the realization of a damage, albeit unpredictable in the state of scientific knowledge, could affect seriously and irreversibly harm the environment, public authorities shall, through the application of the precautionary principle in their area of assignment, (... ) the adoption of provisional and proportionate measures to deal with the occurrence of any damage ",
VU the Treaty establishing the European Community and in particular Article 174 enshrining the precautionary principle,
VU the General Code for Local Authorities and particularly Articles L. 2212-1 and L. 2212-2-5 ° which instructed the Mayor to prevent, by proper precautions, pollution of any kind,
VU Article L. 1311-2 Code of Public Health, that the Mayor can enact special measures to protect public health within the territory of the commune,
VU the Environmental Code and in particular Article L. 110-1,
VU Order of 1 March 2010, granting an exclusive license to mine for oil and gas, said "Permit Nant" in society "Schuepbach Energy LLC,
VU the Order of March 1, 2010 granting an exclusive license to mine for oil and gas, said "Permit Villeneuve de Berg," the company "Schuepbach Energy LLC,
VU Order of 1 March 2010, granting an exclusive license to mine for oil and gas, said "Permit Montelimar," companies "Total E & P France "and" Devon Energy Montelimar SAS "
VU the release of the prefecture of Hérault dated January 20, 2011,
VU technical note dated January 26, 2011 Technical Services and the Joint Mapping annexed to this note,
Considering 2009 Annual Report for the oil and gas industry issued by the Directorate General for energy and raw materials DGEMP,
Considering the report issued by the Environment Protection Agency EPA in the USA for the production of shale gas,
;
Department ARRETE N° 2011/014
ARDÈCHE
Common prohibition of any exploration
VIVIERS shale gas on the town
Considering he was awarded the 1 st March 2010 three exclusive licenses to mine oil liquid or gas in the territories of the departments of Ardèche, Lozère, Drome, Herault, Vaucluse and Gard,
Considering that these permits are designed to authorize the recipient companies to explore these areas Geographic particularly to find shale gas,
Considering the methods of investigation of these surveys are not publicized or explained,
Considering that the current state of knowledge and experience developed by including on the territory of the North American continent, significant environmental impacts are related to the production of shale gas, among them pollution tablecloths groundwater, pollution linked to the multiplicity of drill sites,
Considering that the current law, no legislation expressly refers to the exploration and production of gas shale,
Considering conditions existing evaluation conducted on the effects of exploration and production of shale gas does not provide sufficient guarantees that it can be concluded that risks to human health and the environment from these activities are properly controlled,
Considering the imperative to maintain local environmental conditions to guarantee the integrity of the health of every citizen,
Considering it appears that the water catchment areas of the site collection called "Beilleure, serving drinking water to the town of Viviers, are likely to be impacted by any prospecting in the vicinity area, because of the territoriality of laws permit exclusive research
Considering local conditions that require to preserve the quality of water consumed for users and residents of the town of TANKS,
ORDER
ARTICLE 1 : All exploration work of investigation related to the search for mines hydrocarbon liquids gas or as referred by decrees of a st March 2010 granting an exclusive license to mine for oil and gas, as well as all work related to exploration and production of shale gas are prohibited throughout the territory of the municipality for the year 2011.
ARTICLE 2: The Mayor of the municipality, every officer and police officer and any officer referred to in Article 15 of the Code of Criminal Procedure, each in their case, execution of this Order.
ARTICLE 2: The Mayor of the municipality, every officer and police officer and any officer referred to in Article 15 of the Code of Criminal Procedure, each in their case, execution of this Order.
Département ARRETE N° 2011/014
ARDÈCHE
Commune Prohibition of prospecting
VIVIERS shale gas on the town
ARTICLE 3 :
This order may be appealed annulment before the Administrative Court of Lyon within two months. It will be entered in the register of decrees of the town, and will be posted in city hall.
ARTICLE 4 : This decision will be forwarded to exemplification to:
- The Prefect of the Ardeche
- Municipal Police Service - City of Viviers
- Managing Director of Services - City of Viviers
- Notified to the Force.
Made TANKS , January 27, 2011
Francis LOUVET
; Mayor VIVIERS
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