The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009

Determining liability to remediate

18.—(1) If the enforcing authority decides that the damage is environmental damage it must notify the operator or operators of any activity or activities that caused the damage (referred to in these Regulations as “the responsible operator” (“y gweithredwr cyfrifol”)) that—

(a) the damage is environmental damage;

(b) the responsible operator’s activity was a cause of the environmental damage;

(c) the responsible operator must submit proposals, within a time specified by the enforcing authority, for measures that will achieve the remediation of the environmental damage in accordance with Schedule 4; and

(d) the responsible operator has a right to appeal.

(2) The enforcing authority may withdraw or vary the notification if it is satisfied that the notification should not have been served or that an appeal against the notification is likely to succeed.