Failure to comply with a remediation notice is a criminal offence and the penalties are given under section 78M of the new provisions.

The maximum fine for non-compliance where the land is located on industrial, business or trade premises is £20 000. Coupled with this, a daily fine of £2000 for each day that the non-compliance exists, regardless of the amount of the fine, will also be imposed.

Coupled with criminal proceedings, the act (EPA 1990 part IIA) allows local authorities to take civil proceedings in the High Court (or Scottish equivalent) in order to ensure that a notice is complied with. Under section 78N, there are some cases where the enforcing authority is empowered to undertake the necessary clean up action and then recover the cost(s) from the appropriate person(s), which are:

• Where emergency action is called for.
  
  
• Where the appropriate person has agreed with the authority that they (the authority) should do the work.
  
  
• Where the appropriate person has not complied with the Remediation Notice.
  
  
• Where the authority has been unable to find any Appropriate Person on whom to serve the notice.
  
  
• Where the appropriate person can not afford the remediation costs.
  
  
• Where it is not possible for the enforcing authority to serve a Remediation Notice, for example, where the appropriate person is the enforcing authority.