PART 3Remediation

Appeal against a remediation notice21

1

A responsible operator may appeal against a remediation notice on the grounds that its contents are unreasonable by giving notice of appeal to the Secretary of State.

2

An appeal may only be brought against those parts of the remediation notice that specify requirements which are different from proposals submitted by the responsible operator in accordance with a notification under regulation 18(1)(c).

3

Notice of appeal must be served within 28 days of service of the remediation notice unless the time limit is extended by the Secretary of State.

4

Schedule 5 contains procedures for the appeal.

5

The Secretary of State or the person appointed by the Secretary of State to deal with the appeal—

a

may confirm, vary or quash the notice;

b

must give written notification of the final decision and the reasons for it; and

c

may, if appropriate, add further compensatory remediation requirements necessitated by the lapse of time since the remediation notice was served.

6

A remediation notice need not be complied with pending determination of an appeal unless the person hearing the appeal directs otherwise.