Environmental Performance Assessment Scheme (EPAS) - a fair way to report performance​ 

We want EPAS to be fair and transparent. An ability to appeal decisions that impact an operator is therefore built into the system. We are proposing to implement a three-step appeals process covering the following decisions: 

• Compliance category (limited to ‘Non-compliant’ and ‘Major non-compliant’). 

• Decision that a compliance recovery plan does not contain reasonable steps to resolve the relevant non-compliance in a timely manner, (limited to situations where this would result in publication as a ‘Priority site’). 

Operators will have a period of up to 28 days to appeal following: 

• Receipt of a compliance verification report that highlights non-compliance or 

• Our decision that a compliance recovery plan does not contain reasonable steps to resolve the relevant non-compliance in a timely manner. 

If this isn’t challenged within 28 days, then the environmental performance rating will automatically be calculated and published. 

Appeal step 1: Frontline resolution 

The operator can seek clarification or provide additional information to the assessing officer and ask for a decision to be reconsidered. 

Our priority is resolving as much as possible at this stage. We recognise step 1 can involve two-way dialogue over a short period whilst issues are discussed and resolved. 

Clarification may be required across the three parts of environmental performance: compliance, time to resolve non-compliance and environmental harm caused. Our major non-compliance criteria and environmental events guidance will help provide operators with clarity and reduce the need to seek clarification. 

The officer will review their decision and then either confirm that they consider their initial decision to be a correct one or change that decision accordingly. Should the operator still not be satisfied with the outcome, they can move immediately to step 2. 

Appeal step 2:  Management review 

The operator can ask that a manager review all material facts to ensure that the decision was fairly and appropriately made. This will ordinarily be a manager within the same functional area of our organisation. Particular care will be given to ensure that a decision is consistent with relevant processes and procedures and with other similar decisions in so far as relevant. The manager will provide a response in writing, either upholding or changing the decision of the officer. Should the operator still not be satisfied with the outcome they can move immediately to step 3. 

Appeal step 3: Formal appeal 

The formal appeal stage is the final step in the process. In this step the operator seeks a re-evaluation of the original decision. At this stage, we will appoint a member of staff to manage the appeal and to make a decision on the merits, considering afresh the relevant facts, law, policy or guidance. That person will be independent of the original decision maker and their management chain. All information will be provided to the person managing the appeal. They will have the ability to seek further information from the operator, officer, manager or any other person necessary to reach their decision. The decision of the person handling the appeal will be final. 

Where an operator appeals our decision on their compliance category, we will still calculate and publish the environmental performance rating on the EPAS system dashboard but make clear this is suspended pending appeal outcome e.g. ‘Below expectations – suspended pending appeal outcome’. For operators with sites that are rated as ‘Unacceptable’ and where we have decided that the proposed compliance recovery plan does not contain reasonable steps to resolve the relevant non-compliance in a timely manner and this decision is then appealed, we will still publish as a priority site, but make clear that our assessment of the acceptability of the compliance recovery plan is under appeal. 

The proposed appeal process does not in any way exclude the ability for the operator to raise a service level complaint through our complaints handling procedure.