Guidance

Environment Agency regulatory response to coronavirus

Published 28 April 2020

Applies to England

The Environment Agency’s priority is to protect people and the environment and to support those we regulate.

We recognise the difficulties you are facing as a result of coronavirus (COVID-19). We expect you to take all reasonable steps to comply with regulatory requirements, using contingency plans to help you comply. If it is not possible to comply due to these exceptional circumstances, we expect you to:

  • notify your usual regulatory contact
  • minimise any unavoidable non-compliance
  • minimise the effects of any unavoidable non-compliance
  • prioritise complying with regulatory requirements that directly protect the environment and human health
  • keep records showing why a non-compliance occurred, for example records of staff absences, contractors being unavailable or supply chain failures

We recognise that because of the coronavirus outbreak, you may be unable to comply fully with your regulatory requirements for reasons beyond your control. We will consider the appropriate enforcement response to any non-compliance during this time in line with our Enforcement and sanctions policy and take into account:

  • the extent to which you have followed our expectations as set out above
  • the impact of coronavirus on your activities, which should be supported by your records showing why the non-compliance occurred
  • the effect of any relevant COVID-19 regulatory position statement

We will keep this approach under review in line with all of the following:

  • government guidance
  • the changing circumstances of the coronavirus outbreak
  • any other relevant factor

We will vary or withdraw this statement as appropriate.

COVID-19 regulatory position statements

We have also published some time-limited COVID-19 regulatory position statements (RPSs) in relation to certain regulatory requirements. They will help minimise risks to the environment and human health where, for reasons beyond your control, compliance with certain regulatory requirements may not be possible due to coronavirus. They also cover specific circumstances where we are relaxing normal regulatory requirements. This is to avoid increasing risks to the environment or human health during the particular circumstances of the coronavirus outbreak.

Each COVID-19 RPS sets out when it applies and the conditions you must comply with. You must still comply with all your other regulatory requirements.

If you wish to use a COVID-19 RPS you must comply with both its:

  • specific conditions – including any requirements to notify us or get our approval to use it
  • requirements concerning pollution and harm to human health

If you do this, we will not normally take enforcement action against you.

Contact the Environment Agency

General enquiries

National Customer Contact Centre
PO Box 544
Rotherham
S60 1BY

Email enquiries@environment-agency.gov.uk

Telephone 03708 506 506

Telephone from outside the UK (Monday to Friday, 8am to 6pm GMT) +44 (0) 114 282 5312

Monday to Friday, 8am to 6pm.