PART 6Powers and functions of the regulator and the appropriate authority

Power of the regulator to prevent or remedy pollution57

1

If the regulator considers that a risk of serious pollution exists as a result of the operation of a regulated facility or an exempt facility, it may arrange for steps to be taken to remove that risk.

2

The regulator may arrange for steps to be taken to remedy the effects of pollution if—

a

the commission of an offence under regulation 38(1), (2) or (3) causes pollution, or

b

the regulator suspects that an offence under that regulation is being or has been committed and that pollution is being or has been caused as a result.

3

If the regulator intends to arrange for steps to be taken under paragraph (2), it must notify the operator of the steps not less than 5 working days before they are taken.

4

If the regulator arranges for steps to be taken under this regulation, it may recover the cost of taking those steps from the relevant person.

5

But costs are not recoverable under paragraph (4)—

a

if the steps referred to in paragraph (1) are taken and the relevant person shows that there was no risk of serious pollution, or

b

to the extent that the relevant person shows that the costs were unnecessarily incurred by the regulator.

6

In this regulation, “the relevant person” means—

a

an operator,

b

an establishment or undertaking carrying on an exempt waste operation, or

c

a person carrying on a water discharge activity or groundwater activity.