EPA Clean Up Notice
Summary
An EPA Clean-Up Notice is a formal regulatory notice issued by an environmental protection authority requiring a person or organisation to take action to prevent, mitigate or remediate environmental pollution or contamination. Clean-Up Notices are commonly issued in response to pollution incidents, contaminated land issues or failures to adequately manage environmental risk.
A Clean-Up Notice may require investigation, remediation, monitoring or reporting and is legally enforceable.
Definition
An EPA Clean-Up Notice is a statutory notice issued under environmental protection legislation directing a responsible party to carry out specified actions to clean up pollution or address environmental harm.
The notice may apply to land, water, groundwater or air pollution and can include requirements for environmental investigation, remediation works, validation and ongoing management.
Why EPA Clean-Up Notices Matter
From a regulatory perspective, a Clean-Up Notice represents a formal intervention by the regulator where environmental risks are considered unacceptable or unmanaged.
Failure to comply with a Clean-Up Notice can result in enforcement action, penalties or prosecution. For landowners, operators and developers, a Clean-Up Notice can significantly affect project timelines, costs and approval pathways.
Clean-Up Notices often trigger the need for environmental investigations such as Preliminary Site Investigations or Detailed Site Investigations to define the nature and extent of contamination. They may also require preparation of remediation strategies, implementation of clean-up works and validation to demonstrate compliance.
Early technical response and engagement are critical to managing regulatory risk and avoiding escalation.
When a Clean-Up Notice Is Typically Issued
An EPA Clean-Up Notice may be issued where:
Pollution has occurred or is likely to occur
Contaminated land poses a risk to human health or the environment
Contaminants have migrated off-site or into groundwater or waterways
Environmental controls have failed or are absent
Immediate action is required to prevent further harm
Notices may be issued following inspections, complaints, pollution incidents or referral from planning authorities.
Typical Requirements of a Clean-Up Notice
Depending on the circumstances, a Clean-Up Notice may require:
Implementation of clean-up or remediation works
Reporting to the regulator within specified timeframes
The scope and urgency of requirements vary based on risk.
Legislative and Regulatory Context
In New South Wales, Clean-Up Notices are issued under the Protection of the Environment Operations Act 1997 by the NSW Environment Protection Authority.
Similar enforcement powers exist in other Australian jurisdictions under equivalent environmental protection legislation. Clean-Up Notices are legally binding and may operate independently of planning or development approval processes.
How We Can Help
Confluence Environmental supports clients responding to EPA Clean-Up Notices through contaminated land and environmental advisory services.
Our services typically include:
Review and interpretation of Clean-Up Notice requirements
Design and oversight of environmental investigations
Preparation of remediation and management documentation
Technical support during clean-up and validation works
Clear reporting to support regulatory compliance
We focus on providing practical, defensible advice that helps resolve regulatory issues efficiently.
Related Terms and Concepts
Contaminated Land
Preliminary Site Investigation
Detailed Site Investigation
Remediation Action Plan
Site Validation
Environmental Due Diligence