7.01Pollution

#### 7.01 Pollution (1) An airport environment officer may make an environment protection order directing the operator of an undertaking at an airport, in writing: (a) to comply with a duty under regulation 4.01, by taking a particular action: (i) to prevent, or minimise, the generation of pollution; or (ii) to capture generated pollution; or (b) to cease generating a pollutant of a type, or at a level, in relation to which a duty under that regulation does not otherwise arise. (2) The airport environment officer must not make an order under subregulation (1) unless he or she: (a) finds: (i) the undertaking is creating, or contributing to, a level of environmental pollution that is likely to become harmful or offensive; and (ii) the operator is not taking all measures that are reasonable and practicable to ensure that the undertaking ceases to generate the pollution; and (b) gives the operator at least 48 hours in which to make a submission to the airport environment officer, or an officer authorised for the purpose of this regulation, and takes account of any submission made by the operator. (3) Paragraph (2)(b) does not apply to an order that the airport environment officer declares to be an emergency environment protection order.