Egan Meyer assists clients facing enforcement action by the Environment Agency; this includes providing advice and assistance to:
- Those on the receiving end of one of the Environment Agency’s compulsory powers under section 108 of the Environment Protection Act 1995;
- Those facing a potential civil sanction;
- Those facing prosecution in the criminal courts.
Richard Egan and Jim Meyer have a combined 60 years’ of experience as criminal litigators and regulatory enforcement lawyers; whilst some businesses have an obvious potential to impact upon the environment, many others who do not fall into this category find themselves facing enforcement action. This may be following an environmental incident, such as water pollution, or due to non-compliance with complex waste or permitting regulations. Egan Meyer is on-hand to provide timely advice and representation to businesses in relation to:
- Offences under section 33 of the Environmental Protection Act 1990:
- Depositing or knowingly causing or knowingly permitting to be deposited controlled waste in or on land unless in accordance with the terms of a waste management licence (this includes the offence of so-called “fly-tipping”);
- Treating, keeping or disposing of controlled waste on land or by means of any mobile plant unless in accordance with the terms of a waste management licence;
- Treating, keeping or disposing of controlled waste that could cause environmental pollution or harm human health;
- Operating a regulated facility or causing or knowingly permitting a water discharge activity or groundwater activity except under and to the extent authorised by an environmental permit (regulations 12 and 38 of the Environmental Permitting (England and Wales) Regulations 2020);
- Transporting controlled waste without registering (section 1 of the Control of Pollution (Amendment) Act 1989);
- Breaching a duty of care (section 34 of the Environmental Protection Act 1990);
- Breaching an abatement notice (section 80 of the Environmental Protection Act 1990);
- Discharging matter into a public sewer which interferes with the free flow of wastewater (section 111 of the Water Industry Act 1991);
- Offences under the Transfrontier Shipment of Waste Regulations 2007; and
- Obstructing an Environment Agency Officer.