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The Environmental Permitting (England and Wales) Regulations 2010

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Enforcement notices

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36.—(1) If the regulator considers that an operator has contravened, is contravening, or is likely to contravene an environmental permit condition, the regulator may serve a notice (an “enforcement notice”) on the operator under this regulation.

(2) An enforcement notice must—

(a)state the regulator’s view under paragraph (1);

(b)specify the matters constituting the contravention or making a contravention likely;

(c)specify the steps that must be taken to remedy the contravention or to ensure that the likely contravention does not occur; and

(d)specify the period within which those steps must be taken.

(3) Steps that may be specified in an enforcement notice include steps—

(a)to make the operation of a regulated facility comply with the environmental permit conditions; and

(b)to remedy the effects of pollution caused by the contravention.

(4) The regulator may withdraw an enforcement notice at any time by further notice served on the operator.

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