Regulation 15 Civil penalty notices
Subject to paragraph (7), where the Environment Agency is of the view that an operator has breached the emissions limit duty, the Environment Agency may serve a notice (“a civil penalty notice”) on that operator which states the financial penalty which is payable in respect of that breach.
A civil penalty notice must state—
how the amount of the financial penalty imposed was calculated; and
the date by which the amount payable under the civil penalty notice is to be paid in full.
The financial penalty is to be set at a level that the Environment Agency considers will, if possible—
remove any benefit derived by the operator from the breach of the emissions limit duty;
be fair; and
be proportionate.
The financial penalty may include an amount in respect of the costs reasonably incurred by the Environment Agency in investigating and assessing the breach of the emissions limit duty.
An operator must pay the amount payable under a civil penalty notice and if it is not paid in full by the date stated in the civil penalty notice, the amount payable may be recovered from the operator by the Environment Agency as a civil debt.
The Environment Agency may vary or withdraw a civil penalty notice before it has been paid by further notice served on the operator.
The Environment Agency may not impose a financial penalty in respect of a breach of the emissions limit duty in any year which began more than 5 years before the year in which the notice imposing the penalty is served.
The Secretary of State may issue guidance (“EPS penalty guidance”) on the calculation of financial penalties.
Where EPS penalty guidance is issued, the Environment Agency must have regard to that guidance when calculating the amount of a financial penalty to be imposed.
Before issuing guidance under paragraph (8), the Secretary of State must consult—
the Scottish Ministers;
the Welsh Ministers;
the Department of Environment; and
such other persons or bodies as the Secretary State considers appropriate.
Where EPS penalty guidance is issued, it must be made publically available by the Secretary of State before it has effect.
The Environment Agency may state the manner and form in which any amount required to be paid by a civil penalty notice must be paid.
Any sum received by the Environment Agency under this regulation must be paid into the Consolidated Fund.