Civil Sanctions: The New Weapons in The Environment Agency's Armoury

In recent years the Environment Agency has become increasingly
willing to prosecute businesses that pollute the environment.An
extensive legislative framework exists under a series of Statutes and
Regulations to protect the environment from harm. Examples include
the:Environmental Protection Act 1990;
Water Resources Act 1991;
Hazardous Waste Regulations 2005;
Environmental Civil Sanctions Order and Regulations 2010.Any company
or individual who does not adhere to the legislation risks
investigation by the Environment Agency, and other bodies.The new
"Environmental Civil Sanctions Order & Regulations 2010" give the
Agency additional powers that can be used in such cases. All
businesses, including farming enterprises in particular, should be
aware of the change and of the need to act quickly if they receive any
communications from the Agency.The new regulations give the Agency
power, without going to Court, to:1. Require payment of a penalty of
up to �250,000;
2. Impose a "stop notice" requiring an activity (such
as an industrial process) to cease until steps have been taken to
ensure compliance with the law;
3. Serve a "compliance notice"
requiring specified steps to be taken;
4. Serve a "restoration notice"
requiring a business to restore the position that existed before an
offence was committed;
5. Require payment of the Agency's
costs.Procedures will apply to enable representations to be made prior
to the imposition of these sanctions, as well as appeals against
sanctions imposed. However strict time limits will apply so the
recipient of a 'notice of intention to impose a sanction' or a 'notice
of sanction' should swiftly seek professional advice if a challenge is
to be made.