The Environmental Permitting (England and Wales) (Amendment) (No. 3) Regulations 2015

Amendment of regulation 37 E+W+S

3.  In regulation 37 (suspension notices)—

(a) after paragraph (3) insert—

“(3A) If the regulator considers that the manner of operating a regulated facility contravenes an environmental permit condition, and that such contravention involves a risk of pollution, it may serve a suspension notice on the operator.”;

(b) in paragraph (4)—

(i) after “paragraph (2)” insert “or (3A)”;

(ii) for sub-paragraph (a)(i) to (iii) substitute—

“(i) the risk mentioned in paragraph (2) or (3A);

(ii) the steps that must be taken to remove that risk;

(iii) in a case where paragraph (3A) applies, the matters constituting the contravention mentioned in that paragraph;

(iv) in a case where paragraph (3A) applies, the steps that must be taken to remedy that contravention; and

(v) the period within which the steps mentioned in paragraph (ii) or (iv) must be taken;”; and

(c) after paragraph (7) insert—

“(7A) Where a suspension notice has the effect of preventing waste of a specified description being accepted at a regulated facility, the notice may require the operator of that facility to display appropriate signs at such places as may be specified in the notice, informing the public that no further waste of a specified description may be accepted at that facility.”.