Determining liability to remediate
This section has no associated Explanatory Memorandum
18.—(1) If the enforcing authority establishes that the damage is environmental damage, it must notify the responsible operator—
(a)that the damage is environmental damage;
(b)that the responsible operator’s activity was a cause of the environmental damage;
(c)that the responsible operator must submit proposals, within a time specified by the enforcing authority, for measures that will achieve the remediation of the environmental damage in accordance with Schedule 3; and
(d)that the responsible operator has a right to appeal.
(2) The enforcing authority may withdraw the notification if it is satisfied that the notification should not have been served or that an appeal against the notice is likely to succeed.