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Environmental Incidents
Enforcing Authorities

Most UK Environmental Legislation is enforced by either one the UK Environmental Agencies (Environment Agency in England and Wales, Scottish Environmental Protection Agency, or the Environment and Heritage Service in Northern Ireland) or the relevant Local Authority.
 
The Environmental Agencies responsibilities include waste management regulation and compliance, the regulation of permitted processes, pollution control and pollution incident response.
 
The Environmental Agencies have the power to:
  • enter premises if they suspect pollution incidents are occurring;
  • issue works notices to require a company undertake remedial steps to prevent or control pollution;
  • undertake works to prevent or control pollution and reclaim the costs from the offending organisation;
  • interview staff under caution in the event that a pollution incident occurs and can take relevant evidence that would support a prosecution; and
  • prosecute organisations for relevant breaches of environmental legislation.
Local Authorities responsibilities include the enforcement of statutory nuisance, noise control and the identification and control of the remediation of contaminated land.
 
Local Authorities have the power to:
  • issue abetment notices to control statutory nuisances;
  • investigate suspected cases of contaminated land.
 
Note: the Environmental Agencies have the same powers as the Health and Safety Executive with respect to the investigation, control and prosecution of environmental incidents and non-conformance with legislation.
 
All contacts with the relevant enforcing authorities must be notified to BBC Safety soon as possible. Every item of non routine correspondence must be copied to BBC Safety immediately and acknowledged promptly.  For general enquiries and information contact Ask Al - BBC Safety Advice Line.
 
There must be co-operation at all times with the enforcing authorities. Managers of premises must ensure there is a system by which enforcing officers who visit without an appointment are passed to an appropriate person without delay.
 
Any abatement notice/works order served on work activities under management control (including contractors) by the Environment Agency/ Local Authority must be complied with and reported immediately to BBC Safety.  For general enquiries and information contact Ask Al - BBC Safety Advice Line.