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.