C1Part I Integrated Pollution Control and Air Pollution Control by Local Authorities
Enforcement
18 Power to deal with cause of imminent danger of serious harm.
1
Where, in the case of any article or substance found by him on any premises which he has power to enter, an inspector has reasonable cause to believe that, in the circumstances in which he finds it, the article or substance is a cause of imminent danger of serious harm he may seize it and cause it to be rendered harmless (whether by destruction or otherwise).
2
Before there is rendered harmless under this section—
a
any article that forms part of a batch of similar articles; or
b
any substance,
the inspector shall, if it is practicable for him to do so, take a sample of it and give to a responsible person at the premises where the article or substance was found by him a portion of the sample marked in a manner sufficient to identify it.
3
As soon as may be after any article or substance has been seized and rendered harmless under this section, the inspector shall prepare and sign a written report giving particulars of the circumstances in which the article or substance was seized and so dealt with by him, and shall—
a
give a signed copy of the report to a responsible person at the premises where the article or substance was found by him; and
b
unless that person is the owner of the article or substance, also serve a signed copy of the report on the owner;
and if, where paragraph (b) above applies, the inspector cannot after reasonable inquiry ascertain the name or address of the owner, the copy may be served on him by giving it to the person to whom a copy was given under paragraph (a) above.
Pt. I (ss. 1-28) modified (1.5.1994) by S.I. 1994/1056, reg. 1(3), 19, Sch. 4 Pt. I para.8
Pt. I (ss. 1-24): functions of River Purification Authorities tranferred (12.10.1995) to SEPA by 1995 c. 25, s. 21(1)(a)(iii)(with ss. 7(6), 115, 117); S.I. 1995/2649, art.2
Pt. I (ss. 1-24): functions of Chief Inspector for Scotland transferred (12.10.1995) to SEPA by 1995 c. 25, s. 21(1)(d)(with ss. 7(6), 115, 117); S.I. 1995/2649, art.2
Pt. I (ss. 1-24): functions of Local Authorities transferred (12.10.1995) to SEPA by 1995 c. 25, s. 21(1)(h)(with ss. 7(6), 115, 117); S.I. 1995/2649, art.2
Pt. I (ss. 1-28): functions of the Chief Inspector for England and Wales transferred (1.4.1996) to The Environment Agency by 1995 c. 25, s. 2(1)(d)(with ss. 7(6), 115, 117); S.I. 1996/186, art.3
Pt. I (ss. 1-28) modified (1.2.1996) by 1995 c. 25, s. 5(5)(e)(with s. 115, 117); S.I. 1996/186, art.2
Pt. I (ss. 1-28) modified (1.4.1996) by 1995 c. 25, s. 33(5)(e)(with ss. 7(6), 115, 117); S.I. 1996/186, art.3
Pt. I (ss. 1-28): power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)