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5. Actions in the event of "excess landfill"
SEPA has in discharging its monitoring duties under section 10(2) of the WET Act to inform Ministers "without delay" where it appears to them that a local authority is or may be liable to a penalty.
The Executive believes that this duty can be satisfactorily discharged if SEPA informs the named Executive contact within 10 working days of becoming aware that a local authority appears to be heading for "excess landfill", even if they use their full borrowing potential.
The Executive will give consideration as to whether a suspension of banking and borrowing (and transfer) is appropriate (as set out at 2.6 above). The Executive is also likely to commence a preliminary check for any disputed factors in the measurement or calculation of excess landfill, and, if still in the scheme year in question, to ask the local authority in question what measures it is taking to eliminate or minimise its excess landfill.
As set out in the Regulations (regulations 14 and 15), SEPA will carry out its preliminary and final calculation of the amount of landfill of BMW by each authority, and will reconcile this with the allowances available to each authority.
The assessment of a penalty liability will then be carried out by the Executive in accordance with regulation 19.
A penalty does not become payable unless and until it is notified by Ministers and is due one month after the date of such notification (regulation 21). Prior to any such notification, Ministers shall consult the local authority faced with a penalty liability and have regard to any representation made (regulation 21(2)). Following consideration of the representations and other relevant information, Ministers will take their final decision about any penalty to notify.
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