Enforcement Notices for Permits EPA 1990 s. 13
When an operator breaches or is likely to breach authorisation conditions, enforcing authorities can issue enforcement notices under EPA 1990 s. 13.
If the enforcing authority is of the opinion that the person carrying on a prescribed process under an authorisation is contravening any condition of the authorisation, or is likely to contravene any such condition, the authority may serve on him a notice (“an enforcement notice”). An enforcement notice shall— state that the authority is of the said opinion; specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be; 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 specify the period within which those steps must be taken. The Secretary of State may, if he thinks fit in relation to the carrying on by any person of a prescribed process, give to the enforcing authority directions as to whether the authority should exercise its powers under this section and as to the steps which are to be required to be taken under this section. The enforcing authority may, as respects any enforcement notice it has issued to any person, by notice in writing served on that person, withdraw the notice.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision empowers an enforcing authority to issue an enforcement notice to anyone carrying on a prescribed industrial or environmental process under an authorisation if they are violating any permit condition, or are likely to do so.
The enforcement notice must formally state the authority's opinion, specify what actions constitute the breach or risk of breach, outline the required corrective steps, and set a strict time period within which those steps must be completed.
Additionally, the Secretary of State may direct the enforcing authority on whether and how to use these powers. The enforcing authority also holds the power to withdraw any enforcement notice it has previously issued by serving written notice to the recipient.
When it applies
- A factory running a prescribed process fails to maintain required air filtration equipment listed in its permit conditions.
- An industrial plant operator uses modified machinery that makes a future permit breach imminent.
- An enforcing authority serves a written notice directing a site operator to repair containment bunds within a specified timeframe.
What this section does not say
- Immediate stopping of a process due to imminent risk of serious pollution, which is governed by prohibition notices under epa1990s.14.
- Full cancellation or revocation of a permit, which falls under epa1990s.12.
- Court orders to remedy harm following a conviction, which are covered under epa1990s.120.
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This page reproduces the text of EPA 1990 s. 13 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.