
1 
These Regulations may be cited as the Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010; they apply in England and come into force on 6th April 2010.
2 
The Sludge (Use in Agriculture) Regulations 1989   are amended by inserting the following after regulation 9—“
10 

(1) The Environment Agency may impose a fixed monetary penalty, variable monetary penalty, restoration notice, compliance notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 9 for contravening a provision in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.

Table of civil sanctionsProvision of these Regulations Fixed monetary penalty Variable monetary penalty Restoration notice Compliance notice Stop notice Enforcement undertaking
regulation 3 No Yes Yes Yes Yes Yes
regulation 4 Yes Yes No No Yes Yes
regulation 5 Yes Yes No No No Yes
regulation 6(1) No Yes No Yes No Yes
regulation 7(1) No Yes No Yes No Yes
regulation 7(2) Yes Yes No Yes No Yes
regulation 8(3)(a) No Yes No No Yes Yes
regulation 8(3)(b) No Yes Yes No Yes Yes
regulation 8(4) No Yes Yes No Yes Yes
(2) The terms used in this regulation have the same meaning as in that Order.
(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
(4) This regulation applies only in England.”.
3 
The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000  are amended by inserting the following after regulation 13—“
13A 

(1) The Environment Agency may impose a fixed monetary penalty, variable monetary penalty or compliance notice, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.

Table of civil sanctionsOffence under these Regulations Fixed monetary penalty Variable monetary penalty Compliance notice Enforcement undertaking
regulation 13(1) Yes Yes Yes Yes
regulation 13(2)(a) Yes Yes Yes Yes
regulation 13(2)(b) Yes Yes No Yes
regulation 13(2)(c)(i) Yes Yes No Yes
regulation 13(2)(c)(ii) Yes Yes No Yes
regulation 13(2)(c)(iii) Yes Yes No Yes
regulation 13(3) Yes Yes No Yes
regulation 13(4)(a) No Yes No No
regulation 13(4)(b) No Yes No No
regulation 13(4)(c) No Yes No No
(2) The terms used in this regulation have the same meaning as in that Order.
(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
(4) This regulation applies only in England.”.
4 
The Control of Pollution (Oil Storage) (England) Regulations 2001  are amended by adding after regulation 9—“
10 

(1) The Environment Agency may impose a fixed monetary penalty, variable monetary penalty, restoration notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 9 as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
(2) The terms used in this regulation have the same meaning as in that Order.
(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.”.
5 
The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003  are amended by inserting the following after regulation 9—“
9A 

(1) The Environment Agency may impose a variable monetary penalty, restoration notice, compliance notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 9(4) as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.
(2) The terms used in this regulation have the same meaning as in that Order.
(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
(4) This regulation applies only in England.”.
6 
The Hazardous Waste (England and Wales) Regulations 2005  are amended by inserting the following after regulation 65—“
65A 

(1) The Environment Agency may impose a variable monetary penalty, restoration notice, compliance notice or stop notice, or accept an enforcement undertaking, in relation to an offence under regulation 68 or under regulation 65 for a failure to comply with a provision in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.

Table of civil sanctionsOffence under these Regulations Variable monetary penalty Restoration notice Compliance notice Stop notice Enforcement undertaking
regulation 19 Yes Yes Yes Yes Yes
regulation 20 Yes Yes Yes Yes Yes
regulation 22 Yes No No No Yes
regulation 34 Yes No Yes No Yes
regulations 35 to 44 Yes No Yes No Yes
regulation 46 and Schedule 7 Yes No Yes No Yes
regulation 47 Yes No Yes No Yes
regulation 48 Yes No Yes No Yes
regulation 49 Yes No Yes No Yes
regulation 50 Yes No Yes No Yes
regulation 51 Yes No Yes No Yes
regulation 53 Yes No No No Yes
regulation 54 Yes No No No Yes
regulation 55 Yes No No No No
regulation 62 Yes Yes Yes Yes No
regulation 68 Yes No No No No
(2) The terms used in this regulation have the same meaning as in that Order.
(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
(4) This regulation applies only in England.”.
7 
The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006  are amended by inserting the following after regulation 30—“
30A 

(1) Natural England may impose a fixed monetary penalty or variable monetary penalty, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.

Table of civil sanctionsOffence under these Regulations Fixed monetary penalty Variable monetary penalty Enforcement undertaking
regulation 22(1) Yes Yes Yes
regulation 23 Yes Yes Yes
regulation 24(1) No Yes No
regulation 26(1) No Yes No
regulation 30(8) No Yes No
(2) The terms used in this regulation have the same meaning as in that Order.
(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.”.
8 
The Producer Responsibility Obligations (Packaging Waste) Regulations 2007  are amended by inserting the following after regulation 40—“
40A 

(1) The Environment Agency may impose a fixed monetary penalty or variable monetary penalty, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.

Table of civil sanctionsOffence under these Regulations Fixed monetary penalty Variable monetary penalty Enforcement undertaking
regulation 40(1)(a) Yes Yes Yes
regulation 40(1)(b) No Yes Yes
regulation 40(1)(c) Yes No No
regulation 40(3) No Yes Yes
regulation 40(7) No Yes No
regulation 40(8)(a) No Yes Yes
regulation 40(8)(b) Yes No No
(2) The terms used in this regulation have the same meaning as in that Order.
(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of those Regulations.
(4) This regulation applies only in England.”.
9 
The Transfrontier Shipment of Waste Regulations 2007  are amended by inserting the following after regulation 59—“
59A 

(1) The Environment Agency may impose a variable monetary penalty, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.

Table of civil sanctionsOffence under these Regulations Variable monetary penalty Enforcement undertaking
regulation 17 Yes Yes
regulation 18 Yes Yes
regulation 19(2) Yes Yes
regulation 19(3) Yes Yes
regulation 20(2) Yes Yes
regulation 21 Yes Yes
regulation 22(2) Yes Yes
regulation 23 Yes Yes
regulation 24(2) Yes Yes
regulation 25 Yes Yes
regulation 26 Yes Yes
regulation 27(2) Yes Yes
regulation 28 Yes Yes
regulation 29(2) Yes Yes
regulation 30(2) Yes Yes
regulation 31 Yes Yes
regulation 32(2) Yes Yes
regulation 33(2) Yes Yes
regulation 34(2) Yes Yes
regulation 35(2) Yes Yes
regulation 36 Yes Yes
regulation 37(2) Yes Yes
regulation 38(2) Yes Yes
regulation 38(3) Yes Yes
regulation 38(4) Yes Yes
regulation 39(2) Yes Yes
regulation 40(2) Yes Yes
regulation 41(2) Yes Yes
regulation 42(2) Yes Yes
regulation 43 Yes Yes
regulation 44(2) Yes Yes
regulation 52(1) Yes No
regulation 53(a) Yes No
regulation 53(b) Yes No
regulation 53(c) Yes No
regulation 54(a) Yes No
regulation 54(b) Yes No
(2) The terms used in this regulation have the same meaning as in that Order.
(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.
(4) This regulation applies only in England and the marine area adjacent to England.”.
10 
...“”.
Jim Fitzpatrick
Minister of State
Department for Environment Food and Rural Affairs
