Fixed monetary penalties for reservoir managers

From January 2019, we will be issuing fixed monetary penalties (FMPs) of between £300 and £1,000 to reservoir managers who fail to meet their statutory duty to send in notifications within 28 days.

This will apply to:

  • engineer appointment notifications;
  • new reservoir manager notifications;
  • ceasing to be reservoir manager notifications;
  • change to controlled reservoir information notifications including contact details and reservoir specific details;
  • notification of relevant works for new and existing reservoirs

Ensuring that SEPA holds up-to-date information relating to Scotland’s reservoirs, including engineer appointments and contact details, is a reservoir manager’s statutory duty. There are however, some reservoir managers who continue to fail to notify us of changes, which results in SEPA spending significant amounts of time chasing them for this information.

FMPs will support SEPA’s enforcement work to ensure reservoir managers of controlled reservoirs are sending the statutory notifications within the correct time period, which enables SEPA to have true and correct information on each of the controlled reservoirs. It is also crucial that SEPA has the most up-to-date information about a controlled reservoir, including contact details and reservoir specific details which would be required in an emergency.

We have produced a quick reference leaflet that you can download and refer to.

Offences and associated fines

Section of the Act

Offence - all to be sent in within 28 days

Risk designation

FMP

17(1)(a)

Failure to send in notification of change to controlled reservoir information

High, medium & low

£1,000

17(1)(c)

Failure to send in ceasing to be a reservoir manager notification

 

High, medium & low

£1,000

17(1)(c)

Failure to send in notification of a new reservoir manager

High, medium & low

£1,000

42 (1) (c)

Failure to notify SEPA of construction engineer appointment for alteration of an existing controlled reservoir appointment

High risk

 

 

£600

Medium or low

£300

Failure to notify SEPA of construction engineer for a new construction

n/a

£600

52 (1) (b)

Failure to notify SEPA of inspecting engineer appointment

High & medium

£600

52 (1) (e)

Failure to notify SEPA of supervising engineer appointment

High & medium

£600

Statutory requirements of engineer appointments for controlled reservoirs by risk designation

Risk designation

Engineer appointment required

High risk

Supervising engineer at all times

Inspecting engineer to carry out Section 47 inspection at any time recommended by the supervising engineer, or when stated in an inspection report or before the end of the period of 10 years beginning with the date of the last inspection.

 

Construction engineer if any relevant works at a controlled reservoir are to be carried out

Medium risk

Supervising engineer at all times

Inspecting engineer when advised by a supervising   engineer

Low risk

No supervising or inspecting engineer required