PART 7Civil Penalties

Failure to comply with a condition of a permit53

1

An operator is liable to the civil penalties in paragraph (3) where the operator fails to comply (or comply on time) with a condition of a permit included pursuant to—

a

paragraph 2(1)(e)(ii) or (iv) of Schedule 4 (but excluding the condition mentioned in paragraph (4) below);

b

paragraph 3(1)(g), (h) or (i) of Schedule 5; or

c

regulation 10 of the 2005 Regulations, other than regulation 10(3) and (4) (or such a condition as modified by virtue of regulation 88(6) or (7) of these Regulations).

2

However, an operator is not liable to those civil penalties where the failure to comply gives rise to a penalty under regulation 57.

3

The civil penalties are—

a

£3,750; and

b

£375 for each day that the operator fails to comply with the condition following service of a penalty notice, up to a maximum of £33,750.

4

An operator is liable to a civil penalty of £5,000 where the operator fails to comply with a condition of a permit included pursuant to paragraph 2(7)(a) of Schedule 4.