The Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010

• Citation: S.I. 2010/1159
• Sections: 10

Section 1 Citation application and commencement

These Regulations may be cited as the Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010; they apply in England and come into force on 6th April 2010.

Section 2 Amendment to the Sludge (Use in Agriculture) Regulations 1989

The Sludge (Use in Agriculture) Regulations 1989 are amended by inserting the following after regulation 9—

Civil sanctions

(10)

(1) The Environment Agency may impose a fixed monetary penalty, variable monetary penalty, restoration notice, compliance notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 9 for contravening a provision in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.

(2) The terms used in this regulation have the same meaning as in that Order.

(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.

(4) This regulation applies only in England.

Section 3 Amendment to the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 are amended by inserting the following after regulation 13—

Civil sanctions

(13A)

(1) The Environment Agency may impose a fixed monetary penalty, variable monetary penalty or compliance notice, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.

(2) The terms used in this regulation have the same meaning as in that Order.

(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.

(4) This regulation applies only in England.

Section 4 Amendment to the Control of Pollution (Oil Storage) (England) Regulations 2001

The Control of Pollution (Oil Storage) (England) Regulations 2001 are amended by adding after regulation 9—

Civil sanctions

(10)

(1) The Environment Agency may impose a fixed monetary penalty, variable monetary penalty, restoration notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 9 as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.

(2) The terms used in this regulation have the same meaning as in that Order.

(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.

Section 5 Amendment to the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003

The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 are amended by inserting the following after regulation 9—

Civil sanctions

(9A)

(1) The Environment Agency may impose a variable monetary penalty, restoration notice, compliance notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 9(4) as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.

(2) The terms used in this regulation have the same meaning as in that Order.

(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.

(4) This regulation applies only in England.

Section 6 Amendment to the Hazardous Waste (England and Wales) Regulations 2005

The Hazardous Waste (England and Wales) Regulations 2005 are amended by inserting the following after regulation 65—

Civil sanctions

(65A)

(1) The Environment Agency may impose a variable monetary penalty, restoration notice, compliance notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 68 or under regulation 65 for a failure to comply with a provision in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.

(2) The terms used in this regulation have the same meaning as in that Order.

(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.

(4) This regulation applies only in England.

Section 7 Amendment to the Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006

The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 are amended by inserting the following after regulation 30—

Civil sanctions

(30A)

(1) Natural England may impose a fixed monetary penalty or variable monetary penalty, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.

(2) The terms used in this regulation have the same meaning as in that Order.

(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.

Section 8 Amendment to the Producer Responsibility Obligations (Packaging Waste) Regulations 2007

The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 are amended by inserting the following after regulation 40—

Civil sanctions

(40A)

(1) The Environment Agency may impose a fixed monetary penalty or variable monetary penalty, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.

(2) The terms used in this regulation have the same meaning as in that Order.

(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of those Regulations.

(4) This regulation applies only in England.

Section 9 Amendment to the Transfrontier Shipment of Waste Regulations 2007

The Transfrontier Shipment of Waste Regulations 2007 are amended by inserting the following after regulation 59—

Civil sanctions

(59A)

(1) The Environment Agency may impose a variable monetary penalty, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.

(2) The terms used in this regulation have the same meaning as in that Order.

(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.

(4) This regulation applies only in England and the marine area adjacent to England.

Section 10 Amendment to the Nitrate Pollution Prevention Regulations 2008

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