The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (the ‘regulations’) impose obligations on operators of economic activities requiring them to prevent, limit or remediate environmental damage caused by their operations.
If the enforcing authority decides that damage is environmental damage it must notify the operator of any activity or activities that caused the damage.
Regulation 21 gives an operator a right of appeal against a notice, served by the enforcing authority
Following an operator’s submission of proposals to remediate the environmental damage, or if a proposal is not received within a specified time limit, the enforcing authority must serve a remediation notice on the operator.
An appeal may only be brought against those parts of the remediation notice that are different from the proposals made by the responsible operator.
Defra Environmental Liability Guidance