PART 3Monitoring and Enforcement in England
Enforcement by the High Court19
1
Subject to paragraph (2), if an operator fails to comply with a relevant obligation, the Environment Agency may certify that non-compliance in writing to the High Court.
2
The Environment Agency may not certify non-compliance to the High Court if—
a
the time for an appeal relating to the relevant obligation has not elapsed; or
b
any appeal relating to the relevant obligation has not been determined.
3
In paragraph (1), “a relevant obligation” means any obligation included in—
a
an information notice;
b
an enforcement notice; or
c
a civil penalty notice.
4
If the High Court is satisfied that the operator has failed without reasonable excuse to comply with a relevant obligation, the court may deal with the operator as if the operator were in contempt.