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The Emissions Performance Standard (Enforcement) (Wales) Regulations 2015

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Enforcement notices

8.—(1) Where the NRBW is of the view that an operator has breached the emissions limit duty, the NRBW may serve a notice (“an enforcement notice”) on that operator.

(2) An enforcement notice may only be served in respect of a breach of the emissions limit duty in relation to—

(a)the year in which the notice is served; or

(b)the preceding year.

(3) An enforcement notice must state—

(a)the NRBW’s view under paragraph (1);

(b)the remedial action which the operator must take in respect of the breach; and

(c)the time by which the remedial action stated under sub-paragraph (b) must be taken.

(4) The time stated under paragraph (3)(c) must not be earlier than 21 days after the date of service of the enforcement notice.

(5) Subject to paragraph (6) and regulation 11, where an enforcement notice has been served on an operator, the operator must comply with the requirements of the enforcement notice.

(6) The NRBW may vary an enforcement notice at any time by further enforcement notice served on the operator.

(7) The NRBW may withdraw an enforcement notice at any time.

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