Strengthening And Streamlining: The Way Forward For The Enforcement Of Environmental Law In Scotland
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Annex B
List of possible activities where financial administrative penalties may be appropriate (supplied by SEPA)
This list is neither prescriptive nor exhaustive - it is provided only to give a general indication some of the types of offences to which financial administrative penalties might apply.
Table 1
Regime | Limited Culpability/Impact Offences* | Deliberate or repeated Non Compliance (with associated economic gain)* |
|---|
Integrated Pollution and Prevention Controls/ Pollution and Prevention Controls | - Failure to submit required information
-Failure to make data returns | - Failure to apply for a permit
-Continuing to operate a prescribed activity without a permit
-Repeated failure to comply with the terms of a permit |
Waste Management Licensing | -Failure to make data returns
-Failure to register as a waste carrier or broker
-Failure to meet terms of an exemption
-Failure to supply duty of care requirements or absence of duty of care requirements
-Failure to notify special waste movements | -Failure to apply for a licence
-Continuing to operate without a licence
-Deliberate breach of the terms of an exemption
-Repeated failure to comply with the terms of a licence |
Polluting the water environment
-point discharge
-abstractions
-engineering
-impoundments
-groundwater | -Failure to submit required information
-Failure to return data
-Failure to register or comply with the terms of a General Binding Rule | -Failure to apply for a licence
-Continuing to operate without a licence
- Repeated failure to comply with the terms of a licence |
Packaging waste | -Failure to register
-Failure to return data or submit compliance information | -Failure to meet packaging, recycling or recovery obligations |
Greenhouse Gas -Emissions Trading | -Failure to register activity | -Failure to meet emission limit requirements |
Scottish Pollutant Release Inventory requirements | -Failure to return data timeously | - deliberate misrepresentation of emissions or falsification of data |
Page updated: Wednesday, November 22, 2006