The Water Environment (Controlled Activities) (Scotland) Regulations 2005

Enforcement notices

28.—(1) This regulation applies where–

(a) a person has carried out, is carrying out or is likely to carry out a controlled activity; and

(b) SEPA is of the opinion that the activity–

(i) has contravened, is contravening or is likely to contravene an authorisation granted under these Regulations;

(ii) has caused, is causing or is likely to cause significant adverse impacts on the water environment or any part of it; or

(iii) has caused, is causing or is likely to cause a direct or indirect discharge into groundwater of any of the substances listed in Schedule 2.

(2) SEPA may serve a notice on the responsible person, or the operator, as the case may be, specifying–

(a) the activity;

(b) whether or not that activity was, is or is likely to be in contravention of an authorisation under these Regulations;

(c) the adverse impacts or the likely adverse impacts on the water environment; or

(d) the direct or indirect, or likely direct or indirect discharge into groundwater; and

(e) the steps to be taken by the person responsible or the operator which SEPA considers to be necessary or appropriate to prevent, mitigate or remedy the contravention of the authorisation, the adverse impacts on the water environment or the direct or indirect discharge into groundwater.

(3) The steps referred to in paragraph 2(e) may include cessation of a controlled activity for such period as SEPA considers necessary or appropriate.

(4) SEPA shall revoke a notice served under paragraph (2) where–

(a) the contravention or likely contravention of an authorisation has ceased and is unlikely to recur, and any remedial mitigating or preventive steps required by SEPA have been carried out;

(b) the adverse impacts or likely adverse impacts on the water environment have ceased and are unlikely to recur and any remedial mitigating or preventive steps required by SEPA have been carried out;

(c) the direct or indirect, or likely direct or indirect discharge to groundwater has ceased and is unlikely to recur and any remedial mitigating or preventive steps required by SEPA have been carried out.

(5) SEPA may impose such time limits as it considers appropriate in a notice under paragraph (2) and may describe a time limit by reference to the completion of steps or any other requirement specified in that notice.