Enforcement notices14

1

If the Secretary of State is of the opinion that the operator of an installation has contravened or is contravening any condition of his permit, or is likely to contravene any such condition, the Secretary of State may serve on him a notice (“an enforcement notice”) which—

a

states that the Secretary of State is of such an opinion;

b

specifies the matters which constitute, constituted or, as the case may be, are likely to constitute the contravention;

c

specifies the steps that must be taken to remedy or, as the case may be, prevent the contravention; and

d

specify the period within which those steps must be taken.

2

The steps that may be specified under paragraph (1)(c) above, in addition to steps that must be taken to remedy or prevent any contravention, may include steps that must be taken to remedy any pollution caused by a contravention.

3

Where the Secretary of State serves an enforcement notice on an operator it shall be the duty of the operator to comply with its terms unless the permit has been revoked or surrendered.

4

The Secretary of State may by notice revoke an enforcement notice.

5

The service of an enforcement notice shall be without prejudice to the exercise of any other power under any other provision of these Regulations.