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B 811
(3) Where the licensee or permit holder in subregulation (2) fails to
rehabilitate, manage or is unable to undertake the rehabilitation or management
of any impact on the environment arising from its operations, the procedure or
criteria for incidence qualification as prescribed in the Midstream and
Downstream Environmental Remediation Fund Regulations, shall be applied.
31.—(1) Spill management and remediation chemicals or products
intended for use within Nigeria and its territorial waters shall be subjected to
tests and approval by the Authority prior to use or deployment.
(2)  Use of exogenous microbes in remediation of any spill impacted
sites in the midstream and downstream industry is prohibited.
(3)  Use of spill chemicals on land, coastal and inland waters is prohibited.
(4)  The on-scene-commander shall obtain the approval of the Authority
for the deployment of any spill chemical in offshore water spills.
PART X — NON-COMPLIANCE AND PROCEDURE FOR SANCTION
32.—(1) Where the Authority receives notification that a negative
environmental impact incident has occurred or is occurring within an area of
petroleum operations as a result of failure of the licensee or permit holder to
comply with environmental obligations as required by law or the provisions of
the licence or permit, the Authority shall —
(a) issue a potential incidence of non-conformity notice to the licensee
or permit holder and commence an investigation to determine whether the
licensee or permit holder followed the measures —
(i) in an EMP or the environmental management measures to avoid or
prevent the incident,
(ii) to reduce or minimise the negative environmental impact, or
(iii) to restore, remediate or otherwise offset the negative environmental
impact ;
(b)  where it determines that the licensee or permit holder failed to
follow the measures in paragraph (a), issue an incidence of non-conformity
notice to the licensee or permit holder and impose an administrative penalty
equivalent to 100% of the licensee or permit holder’s annual contribution
to the Environmental Remediation Fund ;
(c) in addition to the imposition of the administrative penalty, require the
licensee or permit holder to carry out the measures for reduction or mitigation
of the impact within a specified period in accordance with the EMP or as
deemed fit by the Authority ; and
(d) where it discovers that the licensee or permit holder failed to comply
with paragraph (c), issue a non-compliance notice to the licensee or permit
Use of spill
management
and
remediation
chemicals or
products
Notice of
non-
compliance
with
environmental
obligations