Amendment of the 2005 Regulations
18. In regulation 13 (enforcement notices)—
(a)in paragraph (1) omit “in writing (“an enforcement notice”)”;
(b)after paragraph (1), insert—
“(1A) If the Secretary of State is of the opinion that a release or a discharge without a permit has occurred, is occurring, or is likely to occur, the Secretary of State or an inspector appointed under regulation 12 may serve on the permit holder or, if there is no permit holder, the operator, a notice which—
(a)states that the Secretary of State is of that opinion;
(b)specifies the matters which constituted, constitute, or are likely to constitute the release or discharge;
(c)specifies the remedial steps that must be taken; and
(d)specifies the period within which those steps must be taken.
(1B) The Secretary of State may serve a notice on a permit holder to vary the period within which remedial steps must be taken under an enforcement notice.”;
(c)in paragraph (3)—
(i)after “paragraph (1)(c)” insert “or (1A)(c)”; and
(ii)after “contravention” insert “, release or discharge”;
(d)in paragraph (6), omit “served under paragraph (1)”; and
(e)in paragraph (7), for “paragraphs (1) and (4)” substitute “paragraph (1), (1A) or (4)”.