Question 14315 — water and sanitation

Summary

Ms. Claire O'Petit draws the attention of the Minister of State, Minister of Ecological and Inclusive Transition, to the often difficult interpretation by communities of the provisions relating to the assumption of responsibility by intercommunalities or delegated basin unions for the control of rainwater and runoff or the fight against soil erosion as defined by paragraph 4 of Article L. 211-7 of the Code of the environment. It appears in fact that if this control, by its transversal nature, involves interaction with paragraphs 1, 2 and 5 of the same article, it also requires interventions outside the management of aquatic environments and flood prevention (GEMAPI) which are no longer the responsibility of the intercommunities or the basin unions created ad hoc. In this case, interventions on municipal or departmental roads, reflections on sharing with urban water management networks, work legally within the competence of local residents or authorized trade union associations (ASA) are necessary to allow global reflection and intervention, and in particular to act upstream through fresh hydraulic works which can participate in the actions mentioned in paragraph 8 and which are both more efficient and more ecological than would be works carried out stricto sensu by intercommunalities within the sole spectrum defined by GEMAPI competence. This complex sharing of skills, the fractionalization that it generates in the decision-making process and in the distribution of costs, at best delays and at worst prohibits the construction of works necessary for flood prevention and leads to the construction of simple retention basins instead of leading to gentle, ecological and global solutions. She therefore asks whether ecological interest and greater efficiency in the fight against floods or runoff can or should they even lead intermunicipalities or delegated basin unions to intervene in areas which are not initially within their competence, thereby becoming the sole contracting authority for work to combat runoff. provided for in paragraph 4 of Article L. 211-7 of the Environmental Code and, failing that, could management of State services be considered to enable the overall management of runoff issues to be addressed which may require the exercise of public authority prerogatives.

Machine translation from French. The official text remains authoritative.

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• Claire O'Petit · auteur

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