Statutory Notices

Statutory requirements may apply to the prohibition of items from certain countries, power supply ratings, security provisions, markings, and certain notices. 

Having carried out an inspection of the works, the inspector has powers under Section 21 to serve an improvement notice if, in his opinion, a person is contravening one or more of the relevant statutory provisions, or has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated. The person concerned then has a duty to remedy the contravention or as the case may be, the matters occasioning it within such a period as may be specified in the notice. 

Appeals against a Section 80 notice must be made to the magistrate s court within 21 days of the serving of the notice. The grounds of appeal are given in the Statutory Nuisance (Appeals) Regulations 1990 and are as follows ... 

Issue an improvement notice if there is a legal contravention of any statutory legislation relevant to the activity in that the activity cannot be continued until the remedial action specified in the notice is implemented. This notice can be served on the person who is deemed to be contravening the legal provision or who is responsible for the activity, whether they are an employer, employee or a supplier of equipment or materials. 

Prosecute any person who may be contravening a relevant statutory provision instead of (or in addition to) serving a notice. 

Section 106(c) requires EPA, in consultation with the Attorney General, to establish and publish guidelines for using the response authorities under subsection (a). Unlike the revision of the NCP directed under Section 105, there is no express statutory requirement for public notice and comment prior to adoption of the... 

In interviews and informal discussions with company regulatory personnel and clinical researchers, OTA learned that many people involved in the process believe at least some reviewers in ODER use the application not complete notice to manage workloads. These sources claim that ODER staff can always find some additional information is necessary, so the agency can manipulate the starting date of its statutory time limit. To investigate this claim is beyond the scope of the study, but the very existence of this rather widespread belief suggests it is almost impossible to separate out delays in the approval process due to companies inadequate applications from those due to the regulatory process. 

The particular role of the Part IIA system is to ensure that land is suitable for use in the context of its current use and setting. Previous statutory regimes have been in place for similar purposes—most noticeably and recently, the anti-pollution works provisions in the Water Resources Act 19914 and the statutory nuisance system in the Environmental Protection Act 1990.5 But following a policy review in 1993 and 1994,6 the then Government considered that a modern, specific contaminated land power was needed,7 and legislated accordingly in the Environment Act 1995. 

The higher order CONTAMINATED LAND incurs statutory penalties and is subject to the provisions of the EPA90—notices, inspections, remediation requirements, etc., whereas the lower order contaminated land is usually only an issue when land is to be developed or when land is subject to transfer from one party to another. 

Improvement notice — An inspector may serve ua improvement notice where s/he is of the opinion that a contravention of a statutory requirement has or is about to occur. It requires the person on whom the notice is served to make the necessary improvements to reach the desired standard. The inspector may specify appropriate remedial action and give a time limit of a maximum of 30 days in which to comply. 

Fed. Reg. 21726 (May 13.1983). It is clear that the EPA had a statutory prohibition against requiring premanufacture notices for substances manufactured solely for export. 

The regulations do not impose on TME applicants the requirement to use the PMN form, as is specifically required by regulation for both the EVE and EoREX exemptions. TMEs are specifically excused from those notification requirements." The regulation governing use of the PMN form says it is only applicable to companies required to submit a notice. " The EPA, however, in some of its literature and through the EPA TSCA hotUne, does tell submitters to use that form. In other older Hterature, EPA takes the opposite position. The EPA prenotice submission office does concede that there is no statutory authority to require submitters to submit notices using the PMN form and that it is not required to be used, but does suggest that the use of the... 

The Consolidated Rules of Practice recites the elements that must be in a TSCA complaint. These include a reference to 16 s civil penalty authority, a reference to the statutory and regulatory provisions that were allegedly violated, the factual basis for the allegations, and the relief and monetary penalty sought. The complaint must provide notice of the respondent s right to a hearing, specify if the Administrative Procedure Act applies (which it does), and be accompanied by a copy of the Consolidated Rules of Practice. 

Issue an improvement notice if there is a legal contravention of any of the relevant statutory provisions, to remedy the fault within a specified time. This notice may be served on any person who, in the opinion of an inspector is contravening or has contravened a relevant statutory provision. This could include not only the employer but (by virtue of S36(l) ) any other person such as a manager or foreman whose act or default has apparently caused the contravention by the employer. Notices may also be served on employed persons where appropriate. A person on whom a... 

Prosecute any person contravening a relevant statutory provision -instead of, or in addition to, serving a notice. Certain offences may be prosecuted only summarily in a magistrates court in England and Wales or a Sheriff court in Scotland. The majority of offences may be prosecuted either summarily, or on indictment in the Crown Court in England and Wales or the Sheriff court in solemn procedure in Scotland. In most cases, where offences are triable either way, they are nevertheless prosecuted summarily if the court and the defendant consent to this. 

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