Offence Responseresponse Options:options: Environment Agency
The Offenceoffence Responseresponse Optionsoptions (ORO) documents set out the options available to every offence we regulate.
Applies to England
Documents
Details
These documents incorporate the provisions of the Regulator’sregulator’s Code.code. We will review them on a regular basis to reflect changes in legislation, government policy or ways of working.
These documents do not explain legislation or legal process. See our enforcement and sanctions policy documents.
Sometimes we provide specific regulatory position statements that outline where we stand on important issues.
Last updated
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Updated the 'Environmental Permitting Regulations (EPR) offences' document to say we will use variable monetary penalties for some EPR offences committed on or after 11 December 2023.
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Removed text under regulation 10 in the chemicals sector offences document which related to guidance for internal use only.
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'Fisheries offences' - section 1. Salmon and Freshwater Fisheries Act 1975, clarified in Section 4(1): cause or knowingly permit any liquid or solid matter that is poisonous or injurious to fish, spawn, spawning areas or food of fish to enter waters containing fish. 'Flood risk management offences' - section 5. Flood Water Management Act 2010, Section 30 and Schedule 1 13(5) - removed 'The civil sanction we can impose is: variable monetary penalty'.
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Added the offence response options for the Packaging Waste (Data Reporting) (England) Regulations 2023 to the Waste offences document.
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We have updated the documents for chemicals sector offences, climate change offences and waste offences. The specific changes are listed in each document.
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Amended an error in the 'Waste' offence response options document. Under 'Failure to comply with a Section 34(5) notice to furnish transfer notes' we omitted the response 'fixed penalty notice'. We have now added this.