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.