[46A Written warnings and penalties for failure to comply with requirements relating to household waste receptacles: England]
Environmental Protection Act 1990 (1990 c 43) | Legislation

[46A  Written warnings and penalties for failure to comply with requirements relating to household waste receptacles: England]

[(1)     This section applies where an authorised officer of a waste collection authority in England is satisfied that—

(a)     a person has failed without reasonable excuse to comply with a requirement imposed by the authority under section 46(1), (3)(c) or (d) or (4) (a “section 46 requirement”), and

(b)     the person's failure to comply—

(i)     has caused, or is or was likely to cause, a nuisance, or

(ii)     has been, or is or was likely to be, detrimental to any amenities of the locality.

(2)     Where this section applies, the authorised officer may give a written warning to the person.

(3)     A written warning must—

(a)     identify the section 46 requirement with which the person has failed to comply,

(b)     explain the nature of the failure to comply,

(c)     explain how the failure to comply has had, or is or was likely to have, the effect described in subsection (1)(b),

(d)     if the failure to comply is continuing, specify the period within which the requirement must be complied with and explain the consequences of the requirement

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