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PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 104 Compliance cost notices

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 104

Compliance cost notices

104 Compliance cost notices

(1) Clean-up notice--monitoring or compliance costs The appropriate regulatory authority that gives a clean-up notice to a person may, by notice in writing, require the person to pay all or any reasonable costs and expenses incurred by the authority in connection with--
(a) monitoring action under the notice, and
(b) ensuring that the notice is complied with, and
(c) any other associated matters.
(2) Clean-up by public authority A public authority that takes clean-up action under section 92 may, by written notice, require 1 or more of the following persons to pay all or part of the reasonable costs and expenses incurred by the public authority in connection with the clean-up action--
(a) the occupier of the premises at or from which the authority reasonably suspects the pollution incident occurred,
(b) a person who is reasonably suspected by the authority of having caused or contributed to the pollution incident.
(3) Prevention notice--monitoring or compliance costs The appropriate regulatory authority that gives a prevention notice to a person may, by notice in writing, require the person to pay all or any reasonable costs and expenses incurred by the authority in connection with--
(a) monitoring action under the notice, and
(b) ensuring that the notice is complied with, and
(c) any other associated matters.
(4) Prevention notice or prohibition notice--non-compliance A regulatory authority that takes action under section 98 because a prevention notice is not complied with or takes action under section 103 because a prohibition notice is not complied with may, by notice in writing, require the person to whom the notice was given to pay all or any reasonable costs and expenses incurred by it in taking the action.
Note : See also section 608 of the Local Government Act 1993 for charges for inspection of premises by a local council in the exercise of its functions as a regulatory authority.