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The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003

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Notice requiring works etc.

8.—(1) SEPA may serve notice on any person, who has custody or control of any relevant substance in circumstances in which these Regulations apply, requiring that person to carry out such works, take such precautions or take such other steps as are specified in the notice and which, in the opinion of SEPA, are appropriate, having regard to any requirements of these Regulations in relation to that substance, for reducing to a minimum any significant risk of pollution of inland or coastal waters arising from the custody or control of that substance.

(2) The notice shall specify or describe the works, precautions or other steps which the person is required to carry out or take, state the period within which any such requirement is to be complied with, and inform that person of the effect in relation to the notice of regulation 9.

(3) The works, precautions or other steps as may be specified or described in the notice may include the requirement to establish and implement a Farm Waste Management Plan in accordance with the code of practice approved under section 51(1) (codes of good agricultural practice) of the Control of Pollution Act 1974(1).

(4) Any period for compliance stated in the notice shall be such period as SEPA may consider reasonable in the circumstances, but no period shall end earlier than on the expiry of the period of 28 days beginning with the day on which the notice is served.

(5) SEPA may at any time–

(a)withdraw the notice;

(b)extend the period for compliance with any requirement of the notice;

(c)with the consent of the person on whom the notice is served, modify any requirement of the notice; or

and shall do so, if so directed by the Scottish Ministers under regulation 9(5).

(1)

1974 c. 40. The code of practice at present in force is the Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity approved by S.I. 1997/1584 and as amended by the Nitrogen and Phosphorus Supplement to the Code of Good Practice approved by S.S.I. 2000/175.

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