Prohibition notices for imminent risk EPA 1990 s. 14
EPA 1990 s. 14 requires authorities to issue prohibition notices suspending authorised processes posing an imminent risk of serious environmental pollution.
If the enforcing authority is of the opinion, as respects the carrying on of a prescribed process under an authorisation, that the continuing to carry it on, or the continuing to carry it on in a particular manner, involves an imminent risk of serious pollution of the environment the authority shall serve a notice (a “prohibition notice”) on the person carrying on the process. A prohibition notice may be served whether or not the manner of carrying on the process in question contravenes a condition of the authorisation and may relate to any aspects of the process, whether regulated by the conditions of the authorisation or not. A prohibition notice shall— state the authority’s opinion; specify the risk involved in the process; specify the steps that must be taken to remove it and the period within which they must be taken; and direct that the authorisation shall, until the notice is withdrawn, wholly or to the extent specified in the notice cease to have effect to authorise the carrying on of the process; and where the direction applies to part only of the process it may impose conditions to be observed in carrying on the part which is authorised to be carried on. 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 perform its duties under this section; and the matters to be specified in any prohibition notice in pursuance of subsection (3) above which the authority is directed to issue. The enforcing authority shall, as respects any prohibition notice it has issued to any person, by notice in writing served on that person, withdraw the notice when it is satisfied that the steps required by the notice have been taken.
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
When an enforcing authority believes that continuing an authorised process involves an imminent risk of serious environmental pollution, it must issue a prohibition notice to the operator. This obligation applies regardless of whether the operator is breaching any explicit condition of their existing authorisation.
The notice suspends the authorisation, either completely or in part, until the notice is formally withdrawn. It must detail the authority's opinion, describe the specific risk, outline the exact steps required to eliminate that risk, and specify the timeframe for completing those steps. If only part of a process is suspended, the notice can set extra conditions for the part that continues.
The enforcing authority must lift the notice in writing once it is satisfied that the required corrective steps have occurred. Additionally, the Secretary of State holds the power to direct the authority on whether to act under this section and what terms to include in a notice.
When it applies
- A chemical plant operating under an authorisation suffers a structural failure that creates an immediate danger of hazardous chemical runoff.
- An industrial facility complies with all written permit conditions, but an unforeseen operating state creates an urgent risk of severe airborne contamination.
- A regulated processing site is directed to cease part of its operations immediately until specified safety steps are taken to prevent imminent pollution.
What this section does not say
- Appealing against a prohibition notice after it has been issued (governed by epa1990s.15).
- Issuing routine notices for permit breaches where there is no imminent risk of serious pollution (governed by epa1990s.13).
- Powers to restrict the importation or supply of injurious substances generally (governed by epa1990s.140).
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This page reproduces the text of EPA 1990 s. 14 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.