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Supervision of operation of permitted installations
17. While a permit is in force it shall be the duty of SEPA to take the steps needed for the purpose of ensuring that the conditions of the permit are complied with.
Enforcement notices
18.- (1) If SEPA is of the opinion that the operator of an installation has contravened, is contravening or is likely to contravene any condition of his permit, it may serve on him a notice (an "enforcement notice").
(2) An enforcement notice shall-
(a) state that SEPA is of that opinion;
(b) specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;
(c) specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be; and
(d) specify the period within which those steps must be taken.
(3) The steps that may be specified in an enforcement notice as steps that must be taken to remedy the contravention of any condition of a permit may include both steps that must be taken to make the operation of the installation comply with the conditions of the permit and steps that must be taken to remedy the effects of any pollution caused by the contravention.
(4) SEPA may withdraw an enforcement notice at any time.
Suspension notices
19.- (1) If SEPA is of the opinion, as respects an installation authorised under these Regulations, that the operation of the installation, or the operation of it in a particular manner, involves a risk of serious pollution, it shall, unless it intends to arrange for steps to be taken under regulation 20(1) in relation to the risk, serve a notice under this regulation on the operator of the installation.
(2) Paragraph (1) applies whether or not the particular manner of operating the installation in question is regulated by or contravenes a condition of the permit.
(3) If SEPA is of the opinion, as respects an installation authorised under these Regulations, that-
(a) the operator of the installation has not taken the steps specified in an enforcement notice in relation to the operation of the installation within the period so specified; or
(b) in the case of an installation where waste management activities are carried out, the operator of the installation has ceased to be a fit and proper person in relation to those activities by reason of their management having ceased to be in the hands of a technically competent person,
it may serve a notice under this regulation on the operator of the installation.
(4) A notice served under this regulation (a "suspension notice") shall-
(a) state SEPA’s opinion, as mentioned in the paragraph (1) or (3)(a) or (b), as the case may be;
(b) in the case of a notice served under paragraph (1), specify-
(i) the risk involved in the operation of the installation;
(ii) the steps that must be taken to remove it and the period within which they must be taken;
(c) state that the permit shall, until the notice is withdrawn, cease to have effect to authorise the operation of the installation or the carrying out of specified activities in the installation; and
(d) where the permit is to continue to have effect to authorise the carrying out of activities in the installation, state any steps, in addition to those already required to be taken by the conditions of the permit, that are to be taken in carrying out those activities.
(5) Where a suspension notice is served under this regulation, the permit shall cease to have effect as stated in the notice.
(6) SEPA may withdraw a suspension notice at any time and shall withdraw a notice when it is satisfied-
(a) in the case of a notice served under paragraph (1), that the steps required by the notice to remove the risk of pollution have been taken;
(b) in the case of a notice served under paragraph (3)(a), that the steps specified in the relevant enforcement notice have been taken;
(c) in the case of a notice served under paragraph (3)(b), that the management of the waste management activities are in the hands of a technically competent person.
Power of SEPA to prevent or remedy harm
20- (1) If SEPA is of the opinion that, by reason of an emergency, it is necessary for steps to be taken to prevent serious pollution, it may arrange for those steps to be taken.
(2) Where the commission of an offence under regulation 28 causes any pollution, SEPA may arrange for steps to be taken towards remedying the pollution.
(3) Where SEPA which intends to arrange for steps to be taken under paragraph (2), it shall, at least seven days before the steps are taken, notify the operator of the steps that are to be taken.
(4) Subject to paragraph (5), where SEPA arranges for steps to be taken under this regulation, it may recover the cost of taking those steps from the operator of the installation concerned.
(5) No costs shall be recoverable under paragraph (4) where SEPA arranges for steps to taken under paragraph (1) if the operator shows that there was no emergency requiring any such steps to be taken and no other costs shall be recoverable which the operator shows to have been unnecessarily incurred by SEPA
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