Environment Agency Investigation For Breaching A Permit | Legal Advice For SMEs

Many businesses, for various reasons, now require an environmental permit. Breaching this permit can lead to a costly Environment Agency investigation.

Not only can this investigation occur in tandem with any nuisance claims from local residents or businesses, but you can also be affected by an injunction or a site closure, which can disrupt the day-to-day running of your business.

What Will Happen?

If a business breaches its environment permit, it is likely that an Environment Agency investigation may be commenced. An Environment Agency Officer is likely to visit your site numerous times and request further information from you. Eventually, a representative of the business may be asked to attend an interview under caution on behalf of the business.

Dependent on the outcome of the investigation, the Environment Agency may consider taking further action. You may receive one of the following:

  • A warning
  • A statutory enforcement notice
  • A prohibition notice
  • The suspension or revocation of an environmental permit or variation of permit conditions
  • Injunctions
  • Remedial works
  • Civil sanctions
  • A formal caution
  • Prosecution

The Environment Agency may decide to utilise more than one of these actions in relation to any one breach of an environmental permit.  

How Can We Help?

From the earliest possible stage, our environmental lawyers can advise you in relation to your correspondence and liaison with Environment Agency officers.

A prosecution against an SME can have devastating effects. In addition to any fines payable, your business may be responsible for prosecution costs, clean up costs and upgrades to plant or equipment.

An environmental prosecution can reflect very negatively upon the reputation of the SME. Most small businesses will understand that their relationship with the regulator is vital. Our team of experts can assist in ensuring that any dispute does not negatively affect that relationship.

We can assist you with all of these matters and ensure that we work towards your required goal by providing you with clear, unambiguous and practical advice at every stage.

Who Should You Contact?

For any advice on regulatory breaches, or how to avoid such breaches, please contact our team on 0370 1500 100 or get in touch online.

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