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Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (recast) (Text with EEA relevance)

article  8

CELEX:  02010L0075-20240804

Non-compliance
1. Member States shall take the necessary measures to ensure that the permit conditions are complied with. They shall also adopt compliance assurance measures to promote, monitor and enforce compliance with obligations placed on natural or legal persons under this Directive.
2. In the event of a breach of the permit conditions, Member States shall ensure that:
(a) the operator immediately informs the competent authority;
(b) the operator immediately takes the measures necessary to ensure that compliance is restored within the shortest possible time; and (c) the competent authority requires the operator to take any appropriate complementary measures that the competent authority considers necessary to restore compliance.
3. Where the breach of the permit conditions poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the second paragraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof shall be suspended without any delay.
Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (recast) (Text with EEA relevance)

article  8

CELEX:  02010L0075-20240804

Where such breach threatens human health or the environment in another Member State, the Member State in whose territory the breach of the permit conditions has occurred shall ensure that the other Member State is informed.
4. In situations not covered by paragraph 3 of this Article, where a persistent breach of the permit conditions poses a danger to human health or causes a significant adverse effect upon the environment, and where the necessary action for restoring compliance identified in the inspection report referred to in Article 23(6) has not been implemented, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof may be suspended by the competent authority until compliance with the permit conditions is restored.
5. Member States shall ensure that suspension measures referred to in paragraphs 3 and 4 and adopted by competent authorities in relation to an operator which infringes national provisions adopted pursuant to this Directive are enforced in an effective manner.
Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (recast) (Text with EEA relevance)

article  8

CELEX:  02010L0075-20240804

6. In the event of a breach of compliance affecting drinking water resources, including transboundary resources, or affecting waste water infrastructure in the case of an indirect discharge, the competent authority shall inform the drinking water and waste water operators, and all relevant authorities with a responsibility regarding compliance with the environmental legislation concerned, of the breach and the measures taken to prevent damage being caused, or remedy the damage caused, to human health and the environment.