The Environmental Damage (Prevention and Remediation) (England) Regulations 2015

Remediation noticesU.K.

This section has no associated Explanatory Memorandum

20.—[F1(A1) Where a responsible operator has received a notice from the enforcing authority under regulation 18, it must without delay identify potential remedial measures in accordance with Schedule 3 and submit them in writing to the enforcing authority for its approval.]

(1) Once it receives the proposals from the responsible operator (or, if a proposal is not received within the specified time limit, at any time after the time limit has expired), the enforcing authority—

(a)must, so far as is practicable, consult—

(i)any person who has notified an enforcing authority under regulation 29; and

(ii)any person on whose land the remedial measures will be carried out; and

(b)may consult any other person appearing to the enforcing authority to be necessary.

(2) Following consultation the enforcing authority must serve a notice on the responsible operator that specifies—

(a)the damage;

(b)the measures necessary for remediation of the damage, together with the reasons;

(c)the period within which those measures must be taken;

(d)any additional monitoring or investigative measures that the responsible operator must carry out during remediation; and

(e)the right of appeal against the notice.

(3) Failure to comply with a remediation notice is an offence.

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