PART 7Enforcement

CHAPTER 1Enforcement notices and determination of emissions by regulator

Enforcement notices44

1

Where the regulator considers that a person has contravened, is contravening or is likely to contravene a relevant requirement, the regulator may give notice (an “enforcement notice”) to the person.

2

In paragraph (1), “relevant requirement” means—

a

a requirement imposed on the person by or under—

i

this Order;

ii

the Monitoring and Reporting Regulation 2018;

b

a condition of a permit;

c

a condition of an emissions monitoring plan.

3

An enforcement notice must set out—

a

the relevant requirement that the regulator considers has been contravened, is being contravened or is likely to be contravened;

b

details of the contravention or likely contravention;

c

the steps that must be taken to remedy the contravention or to ensure that a contravention does not occur;

d

the period within which the steps must be taken;

e

information about rights of appeal.

4

The person to whom the enforcement notice is given must comply with the requirements of the notice within the period set out in the notice.

5

The regulator may withdraw an enforcement notice at any time by giving notice of the withdrawal to the person to whom the enforcement notice is given.