Paragraph 9 Non-compliance penalties
SEPA may impose a non-compliance penalty on a reservoir manager of a controlled reservoir (“the reservoir”) if the reservoir manager fails to comply with—
a restoration notice or a restraint notice imposed on the reservoir manager; or
an FEM undertaking from the reservoir manager which is accepted under paragraph 4(2).
A “non-compliance penalty” is a requirement to pay a monetary penalty to SEPA.
The amount of the monetary penalty (“the amount”) is—
where the reservoir is a high risk reservoir, £1000; and
where the reservoir is not a high risk reservoir, £600.
A non-compliance penalty may only be imposed by notice (“a non-compliance penalty notice”) given by SEPA.
The notice must include information as to—
the grounds for imposing the non-compliance penalty;
the amount of the penalty;
how payment may be made;
the period within which payment must be made;
rights of appeal; and
the consequences of non-payment.
Where a reservoir manager on whom a non-compliance penalty is imposed does not pay the penalty, the penalty is recoverable as if it were payable under an extract decree arbitral bearing a warrant for execution by the sheriff for any sheriffdom.