New regulations, if passed by Parliament, will allow businesses guilty of environmental permitting offences to voluntarily offer an enforcement undertaking to the Environment Agency, rather than face prosecution. An undertaking is effectively a commitment to take certain action within an agreed timescale.  As a starting point, the EA will require the organisation offering the undertaking to recognise its failings or the harm caused and may look to director or board level commitment for compliance going forward. Offering an undertaking may be an attractive proposition if it avoids the costs and damage to reputation that inevitably result from a prosecution.

If your business faces an investigation for an environmental permitting offence, then do give us a call; we can help you decide whether or not it is appropriate to offer an undertaking to the EA, and if so, advise you on the most suitable terms.