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The Council is responsible for a number of legal controls on various sources of air pollution:
Smoke
It is an offence under the Clean Air Acts for industrial or trade premises to emit dark smoke from their chimneys except where it is unavoidable, for example when lighting up from cold. Modern engineering should allow for efficient, smoke-free combustion. Dark smoke emissions from bonfires on industrial or trade premises (including construction and demolition sites) or agricultural land is also prohibited, with very limited exceptions.
Grit and dust
The amount of grit and dust that can be emitted from non-domestic boilers and furnaces is also controlled under the Clean Air Acts.
Nuisances
Under the Environmental Protection Act 1990, a “statutory nuisance” can arise from dust, odour, smoke, fumes or gases which are prejudicial to health or a nuisance. For something to be serious enough to be a statutory nuisance, it must be a serious and persistent problem interfering with reasonable living. The Council will take legal action if it is satisfied a statutory nuisance exists, which may involve an “Abatement Notice” being served. It is an offence if an Abatement Notice is not complied with.
Industrial emissions
Under the Pollution Prevention and Control Act 1999, some industrial processes with the potential to cause pollution must have a permit to operate, either from the Environment Agency or the Council. These industries are required to use the “Best Available Techniques Not Entailing Excessive Cost” (BATNEEC) to ensure that they cause minimal environmental pollution. Industries who fail to obtain a permit or which exceed permitted emission levels will be liable to prosecution. Information on regulated installations is put on a register and is available to the public. The latest edition of the Industrial Emissions Register can be viewed or downloaded from the right of the page.
please see the Department of Environment, Food and Rural Affairs (DEFRA) website.