Protection of the Environment Operations Act 1997 No 156
Current version for 11 January 2013 to date (accessed 25 May 2013 at 12:47)
104 Compliance cost notices
(1) Clean-up notice—monitoring or compliance
costs
The appropriate regulatory authority that gives a clean-up notice
under section 91 to a person may, by notice in writing, require the person to
pay all or any reasonable costs and expenses incurred by the authority in
connection with:(a) monitoring action under the notice, and
(b) ensuring that the notice is complied with, and
(c) any other associated matters.
(2) Clean-up by public authority
A public authority that takes clean-up action under section 92
may, by notice in writing, require:(a) the occupier of the premises at or from which the authority
reasonably suspects that the pollution incident occurred,
or
(b) the person who is reasonably suspected by the authority of having
caused the pollution incident,
or both, to pay all or any reasonable costs and expenses incurred by it
in connection with the clean-up action.
(3) Prevention notice—monitoring or compliance
costs
The appropriate regulatory authority that gives a prevention
notice to a person may, by notice in writing, require the person to pay all or
any reasonable costs and expenses incurred by the authority in connection
with:(a) monitoring action under the notice, and
(b) ensuring that the notice is complied with, and
(c) any other associated matters.
(4) Prevention notice or prohibition
notice—non-compliance
A regulatory authority that takes action under section 98 because
a prevention notice is not complied with or takes action under section 103
because a prohibition notice is not complied with may, by notice in writing,
require the person to whom the notice was given to pay all or any reasonable
costs and expenses incurred by it in taking the
action.
Note. See also section 608 of the Local Government Act 1993 for
charges for inspection of premises by a local council in the exercise of its
functions as a regulatory authority.