If any controlled waste or extractive waste is deposited in or on any land in the area of a waste regulation authority or waste collection authority in contravention of section 33(1) above or regulation 12 of the Environmental Permitting Regulations, the authority may, by notice served on him, require the occupier to do either or both of the following, that is—
A waste regulation authority or waste collection authority may only impose a requirement under subsection (1) on an occupier of land if the authority is satisfied that the occupier—
A person on whom any requirements are imposed under subsection (1) above may, within the period of twenty-one days mentioned in that subsection, appeal against the requirement to a magistrates' court or, in Scotland, to the sheriff by way of summary applicationthe Scottish Ministers.
On any appeal under subsection (2) above the court or the Scottish Ministers (as the case may be) shall quash the requirement if it is or they are satisfied that—
and in any other case shall either modify the requirement or dismiss the appeal.
Where a person appeals against any requirement imposed under subsection (1) above, the requirement shall be of no effect pending the determination of the appeal; and where the court or the Scottish Ministers (as the case may be) modifies the requirement or dismisses the appeal it or they may extend the period specified in the notice.
If a person on whom a requirement imposed under subsection (1) above fails, without reasonable excuse, to comply with the requirement he shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale and to a further fine of an amount equal to one-tenth of level 5 on the standard scale one-tenth of the greater of £5,000 or level 4 on the standard scale for each day on which the failure continues after conviction of the offence and before the authority has begun to exercise its powers under subsection (6) below.
Where a person on whom a requirement has been imposed under subsection (1) above by an authority fails to comply with the requirement the authority may do what that person was required to do and may recover from him any expenses reasonably incurred by the authority in doing it.
If it appears to a waste regulation authority or waste collection authority that waste has been deposited in or on any land in contravention of section 33(1) above or regulation 12 of the Environmental Permitting Regulations, and that—
the authority may remove the waste from the land or take other steps to eliminate or reduce the consequences of the deposit or, as the case may require, to remove the waste and take those steps.
Where an authority exercises any of the powers conferred on it by subsection (7) above it shall be entitled to recover the cost incurred by it in removing the waste or taking the steps or both and in disposing of the waste—
except such of the cost as the occupier or that person shows was incurred unnecessarily.
An authority may not recover costs under subsection (8) above if a compensation order (within the meaning given by section 133 of the Sentencing Code) has been made in favour of the authority in respect of any part of those costs.
Subsection (8A) does not apply if the order is set aside on appeal.
An authority may not recover costs under subsection (8) above if a compensation order has been made under section 249 of the Criminal Procedure (Scotland) Act 1995 in favour of the authority in respect of any part of those costs.
Subsection (8C) does not apply if the compensation order is set aside on appeal.
Any waste removed by an authority under subsection (7) above shall belong to that authority and may be dealt with accordingly.
The Scottish Ministers may by regulations make further provision about appeals to them under subsection (2), including—
The Scottish Ministers may issue guidance for waste regulation authorities and waste collection authorities on the operation of this section.
Waste regulation authorities and waste collection authorities must have regard to any guidance issued under subsection (11).
This section is subject to section 114 of the Environment Act 1995 (delegating or referring of appeals etc).