Paragraph 31 Deemed conditions: incidents, accidents and non-compliance

(1)

A deemed permit for an industrial emissions activity which does not include conditions as required by paragraph 9 (incidents, accidents and non-compliance) of schedule 19 to be inserted into the 2018 Regulations by schedule 10 of these Regulations is deemed to include the conditions in sub-paragraphs (2) and (3) until such date as SEPA may vary the permit to include those conditions.

(2)

In the event of an incident or accident that significantly affects the environment, the authorised person must—

(a)

inform SEPA immediately,

(b)

immediately take measures to limit the environmental consequences of the incident or accident, and

(c)

prevent further possible incidents or accidents.

(3)

In the event of a breach of conditions, the authorised person must—

(a)

immediately inform SEPA,

(b)

immediately take necessary measures to ensure that compliance is restored as soon as possible,

(c)

immediately cease operation of an installation or plant in the event of a breach of conditions that poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, until compliance is restored.