Environmental Permitting Regulations offences

Environmental Permitting (England and Wales) Regulations 2016

For relevant offences occurring before 1 January 2017, the Environmental Permitting (England and Wales) Regulations 2010 may apply.

Enforcement responses in relation to flood risk activities are only available for offences which have occurred after 6 April 2016.

Regulation 38(1)-(3)

Reg 38(1)(a)

Cause or knowingly permit a water discharge activity or groundwater activity,
OR
Operate a regulated facility, including operate an installation or mobile plant, carrying on a waste operation, mining waste operation, radioactive
substances activity, water discharge activity, flood risk activity or groundwater activity,
except under and to the extent authorised by an environmental permit.
This offence includes any waste operation carried on without complying with the criteria of a relevant exemption (including not satisfying Article 4(1) of the Waste Framework Directive objectives or not being registered etc (see regulation 5 and Schedules 2 and 3 EPR)).

Reg 38(1)(b)

Knowingly cause or knowingly permit the operation of a regulated facility or carrying on a waste operation, mining waste operation, radioactive substances activity, water discharge activity, flood risk activity or groundwater activity, except under and to the extent authorised by an environmental permit.

Reg 38(2)

Failure to comply with or to contravene an environmental permit condition.

Reg 38(3)

Failure to comply with the requirements of an enforcement notice or of a prohibition notice, suspension notice, landfill closure notice, mining waste facility closure notice, flood risk activity emergency works notice or a flood risk activity remediation notice.

Standard criminal and offence specific responses

• Warning
• Formal caution
• Prosecution

Civil sanctions not available.

Regulation 38(4)

Reg 38(4)(a)

Failing to comply with a notice under reg 61(1) requiring the provision of information without reasonable excuse.

Reg 38(4)(b)

Making a statement which the person knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made (i) in purported compliance with a requirement to provide information imposed by or under a provision of the EPR, (ii) for the purpose of obtaining the grant of an environmental permit to any person, or the variation, transfer in whole or in part, or surrender in whole or in part of an environmental permit, or (iii) for the purpose of obtaining, renewing or amending the registration of an exempt facility.

Reg 38(4)(c)

Intentionally making a false entry in a record required to be kept under an environmental permit condition.

Reg 38(4)(d)

With intent to deceive— (i) forging or using a document issued or authorised to be issued or required for any purpose under an environmental permit condition, or (ii) making or having in the person's possession a document so closely resembling such a document as to be likely to deceive.

Standard criminal and offence specific responses:

• Warning
• Formal caution
• Prosecution

Civil sanctions are not available.

Regulation 38(5)

It is an offence for an establishment or undertaking to—
(a) fail to comply with paragraph 17(3) or (4) of Schedule 2 (record keeping for exempt waste operations); or
(b) intentionally make a false entry in a record required to be kept under that paragraph.

Summary only offence.

Standard criminal and offence specific responses:

• Warning
• Formal caution
• Prosecution

Civil sanctions are not available for this offence.

Regulation 41

Reg 41(1)

Criminal liability of directors, managers and secretaries in relation to offences that their company (body corporate) is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.

Reg 41(2)

Liability of members of a body corporate where they manage the company affairs.

Standard criminal and offence specific responses:

• Warning
• Formal caution
• Prosecution

Civil sanctions are not available for this offence.