Clarification of conditions for using non-potable water in ICPEs

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Decree No. 2025-239 of March 14, 2025, published on March 15, establishes the conditions for using water unfit for human consumption in classified facilities.

It distinguishes between the use of this water, considered non-potable, depending on whether it is intended for domestic use (A) or non-domestic use (B). This publication thus completes the existing regulatory framework for water use (C).

Note: The provisions of this decree do not apply to businesses in the food sector[1] or classified facilities for environmental protection (ICPE) located within a public access building (ERP)[2] which are governed by other sections of the Public Health Code or the Environmental Code[3].

Domestic uses

The use of water unfit for human consumption is permitted, as a replacement for potable water, for domestic purposes when the quality of such water has no direct or indirect influence on the user's health (new Article R. 512-100 of the Environmental Code). All classified facilities have this option, whether they are classified under declaration, registration, or authorization.

However, this use is only possible for the following limited uses : laundry washing, washing indoor floors, flushing toilets, supplying decorative fountains not intended for human consumption, cleaning outdoor surfaces, watering vegetable gardens, watering green spaces around buildings…

An order, published on the same day, makes the use of EICH conditional onmeeting specific quality criteria for each use.

When associated with certain uses, some categories of water unfit for human consumption require prior submission of a file to the prefecture ("Criteria to be determined"). Apart from these scenarios ("A+" or "A"), the system's validity is solely conditional on maintaining quality parameters below the quality values defined in Annex II.

Furthermore, the order also details the obligations regarding the implementation of such a process. Among others, the imposed obligations relate to:

• The design and characteristics of the system for using water unfit for human consumption (hereinafter referred to as "system") ;
• The quality criteria to be met depending on the intended use ( as mentioned above) ;
• Monitoring the proper functioning of the system, including:
  • Defining a monitoring program with a sampling strategy, sampling carried out by accredited bodies, and reliance on the monitoring frequencies set out in Annex III;
  • Controls associated with the system's commissioning (prior inspection and verification inspection within one month of commissioning);
  • Developing a prevention, servicing, and maintenance plan and maintaining an associated register;
  • Securing the system in case quality criteria are exceeded and maintaining an associated register;
  • A verification, as applicable, of compliance with quality criteria in the event of a prolonged system shutdown.
• Prohibition of using an aerosolization device, except with appropriate personal protective equipment for its user and no exposure of third parties (external individuals and unqualified personnel);
• Informing personnel about the system description, usage recommendations, and measures to be implemented to maintain the system in good condition;
• Annual accounting of the quantity of water distributed;
• Specifically for ICPE facilities classified under heading 2340 and for laundry washing, the requirements that apply instead of some of the preceding obligations (possible uses, quality criteria, and monitoring).

Non-domestic uses

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

• food-related uses, i.e., uses related to drinking, food preparation and cooking, dishwashing, and watering vegetable gardens;
• personal hygiene uses, i.e., uses such as water for showering, bathing, washing hands/face, and laundry;
• general hygiene and cleanliness uses, i.e., uses including, but not limited to, the disposal of excreta, cleaning premises, washing vehicles at home, and cleaning surfaces within buildings;
• other domestic uses, i.e., uses including, but not limited to, water supply for swimming pools, hot tubs, collective water misting systems, water features, decorative fountains, and watering green roofs and green spaces within buildings.

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

Furthermore, the text has been reworded to be more explicit regarding the procedures related to these processes. Thus, the use of treated wastewater is subject to an authorization procedure

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For domestic needs:

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 unfit for human consumption for domestic purposes
    • and the associated decree - Decree of July 12, 2024, concerning the sanitary conditions for the use of water unfit for human consumption for domestic purposes, issued pursuant to Article R. 1322-94 of the Public Health Code For non-domestic needs:
  • • Outside the scope of a classified facility (ICPE)
      • For wastewater: Order of December 14, 2023, relating to the conditions for the production and use of treated wastewater for watering green spaces AND Order of December 18, 2023, relating to the conditions for the production and use of treated wastewater for crop irrigation (issued pursuant to Article R. 211-128 of the Environmental Code)

Note: The amendments introduced by Decree No. 2025-239 come into force immediately.

[1] Food sector businesses are defined by Article R. 1322-76 of the Public Health Code by reference to Regulation 178/2002: it refers to "any public or private undertaking carrying out, whether for profit or not, operations of production, manufacture, processing, storage, transport or distribution of animal feed, including any agricultural producer producing, processing or storing feed intended for animal consumption on their own farm."

[2] Essentially: healthcare facilities and hospitals, medical biology laboratories, thermal establishments, childcare facilities… (Article 2 of the Order by reference to Article R. 1322-90 10° a of the 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 Public Health Code (food sector) and Articles R. 1322-87 to R. 1322-113 (ICPE located in a sensitive public access building).