Water unsuitable for human consumption at ICPEs

Decree no. 2025-239 of March 14, 2025, published on March 15, governs the use of water unsuitable for human consumption in classified facilities.

It distinguishes between the use of these waters, considered non-drinkable, according to whether they are intended for domestic (A) or non-domestic (B) use. This publication completes the existing regulatory framework for water use (C).

Please note: The provisions of this decree do not apply to food companies.[1] or ICPEs located within an establishment open to the public (ERP)[2] which are governed by other sections of the Public Health Code or the Environment Code[3].

Domestic use

The use of water unsuitable for human consumption is permitted, as a substitute for drinking water, for domestic purposes when the quality of this water has no direct or indirect influence on the user's health (new article R. 512-100 of the Environment Code). All classified facilities have this option, whether they are subject to declaration, registration or authorization.

However, this use is only possible for the following limited purposes: washing clothes, washing indoor floors, removing excreta, supplying decorative fountains not intended for human consumption, cleaning outdoor surfaces, watering vegetable gardens, watering green spaces in buildings...

A decree published on the same day makes the use of EICH conditional onmeeting specific quality criteria for each use.

When associated with certain uses, certain categories of water unfit for human consumption are subject to prior transmission of a file to the prefecture ("Criteria to be determined"). Apart from these hypotheses ("A+" or "A"), the validity of the system is only conditional on maintaining quality parameters below the quality values defined in appendix II.

The decree also details the obligations relating to the implementation of such a process. Among other things, the obligations imposed relate to :

The design and characteristics of the system for using water unfit for human consumption(hereinafter "system");
Quality criteria to be met according to intended use ( above);
Monitoring of system operation, including :
- Definition of a monitoring program with sampling strategy, sampling carried out by accredited organizations and based on the monitoring frequencies set out in Appendix III;
- Checks associated with system commissioning (pre-commissioning check and verification check within one month of commissioning);
- Drawing up a prevention, upkeep and maintenance plan and keeping an associated register;
- Safeguarding the system in the event of quality criteria being exceeded, and keeping an associated register;
- Verification of compliance with quality criteria in the event of prolonged system downtime.
Prohibition of the use of an aerosolizing device, except in the case of suitable personal protective equipment for the user and in the absence of exposure of third parties (outsiders and unqualified personnel);
Inform staff about the system description, recommendations for use and measures to be taken to maintain the system in good condition;
Annual accounting of the quantity of water distributed;
Specifically for ICPEs classified under heading 2340 and for laundry, the requirements that apply in place of some of the previous obligations (possible uses, quality criteria and monitoring).

Non-domestic uses

To clarify its relationship with domestic uses, the section on the use of rainwater and treated wastewater for non-domestic purposes has been amended (articles R. 211-123 to R. 211-138 of the Environment Code). Non-domestic uses are now defined as all uses other than :

food uses, i.e. drinking, food preparation and cooking, dishwashing, watering vegetable gardens;
uses related to personal hygiene, i.e. uses such as using water in the shower, bath, washbasin or for washing clothes;
uses related to general hygiene and cleanliness, i.e. uses related in particular to excreta disposal, washing premises, washing vehicles at home, and cleaning surfaces in buildings;
other domestic uses, i.e., watering swimming pools, whirlpools, community misting systems, water games, decorative fountains, green roofs and green spaces on buildings.

It is also specified that this section applies in the absence of uses already regulated by prefectoral or, recently, ministerial decree (such as ministerial decrees of general prescriptions (AMPG).

In addition, the text has been more explicitly worded with regard to the procedures involved. For example, the use of treated wastewater is subject to an authorization procedure , while the use of rainwater is not subject to any authorization.

Completing the regulatory framework for water use

For ICPEs (excluding ICPEs in the food sector or located in a sensitive ERP), the publication of this text supplements existing texts on the subject. The following texts have already been published:

For domestic use :
- Outside the ICPE perimeter of a site
  - For rainwater and wastewater: Public Health Code Articles R. 1322-87 to R. 1322-113: Use of water unsuitable for human consumption for domestic purposes and associated decree - Arrêté du 12 juillet 2024 relatif aux conditions sanitaires d'utilisation d'eaux impropres à la consommation humaine pour des usages domestiques pris en application de l'article R. 1322-94 du code de la santé publique (Decree of July 12, 2024 on sanitary conditions for the use of water unfit for human consumption for domestic purposes, in application of article R. 1322-94 of the Public Health Code)
- For non-domestic needs :
  - Outside the ICPE perimeter of a site
    - For wastewater : Decree of December 14, 2023 on the conditions for the production and use of treated wastewater for watering green spaces AND Decree of December 18, 2023 on the conditions for the production and use of treated wastewater for crop irrigation (in application of article R. 211-128 of the Environment Code).

Please note: The changes introduced by decree no. 2025-239 are effective immediately.

[1] Food sector companies are defined by article R. 1322-76 of the French Public Health Code, by reference to regulation 178/2002: they are "any public or private company engaged, for profit or not, in the production, manufacture, processing, storage, transport or distribution of animal feed, including any agricultural producer producing, processing or storing animal feed on his own farm".

[2] Essentially: health establishments and hospitals, medical biology laboratories, spas, childcare establishments, etc. (article 2 of the order, by reference to article R. 1322-90 10° a of the French public health code).

[3] For these establishments, the use of water unfit for human consumption (hereinafter EICH) is governed by articles R. 1322-76 to R. 1322-86 of the French Public Health Code (food sector) and articles R. 1322-87 to R. 1322-113 (ICPE located in a sensitive ERP).