Air Quality - Current Law
Controlling Industrial and Commercial Emissions
There are currently over 50 processes in Bexley whose emissions to air are controlled through a system of licensing operated by the Local Authority.
Over the next few years the majority of industrial processes will be regulated for ‘integrated pollution prevention and control’ - (IPPC). Most are currently regulated for emissions to air, land and water under the Environmental Protection Act 1990. However, previous legislation still applies to some existing and smaller scale industrial processes.
Smoke
Grit and Dust
Nuisances
Environmental Protection Act 1990
Integrated Pollution Prevention and Control (IPPC)
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Smoke
It is an offence for factories and trade premises to emit dark smoke from their chimneys under the Clean Air Act 1993 except when it is unavoidable (e.g. on lighting up a boiler). Current technology should allow efficient combustion, free of dark smoke at all times. Dark smoke emissions from open burning (bonfires) on industrial or trade premises (including demolition sites) or agricultural land is also prohibited, except in very limited circumstances. "Dark" smoke is a shade of grey defined by law.
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Grit and Dust
The amount of grit and dust emitted from the chimney of non-domestic boilers and some furnaces is also controlled by the Clean Air Act 1993. This legislation ensures that newly installed plants have adequate arrestment equipment (i.e. designed to filter or otherwise remove dust and grit before it is released to the atmosphere) and that where emissions from plant appear excessive a local authority can require measurements to be made of emissions to the atmosphere.
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Nuisances
Under the Environmental Protection Act 1990 a statutory nuisance can be any dust or effluvia arising from any trade or business premises or smoke, fumes or gases emitted from premises so as to be prejudicial to health or a nuisance.
For a nuisance action to succeed the offence also has to be a cause of material harm or to be persistent or likely to recur. Nuisances may include smoke from bonfires, unpleasant odours, grit and dust. In many cases a friendly approach to a neighbour or business can resolve the problem. If this fails, complaints should be made to Bexley Council. If we are satisfied that a nuisance exists steps will be taken to abate (stop) the nuisance. This may involve serving a legal notice, which if ignored can result in proceedings in the Magistrates Court. The Courts may impose an order to prevent the nuisance and a fine. Continued non-compliance can lead to further fines. Councils also have powers to abate the nuisance itself and recover costs.
If for any reason your local authority is unable to act on your behalf you may apply directly to the Magistrates Court for a nuisance order. In such cases it is essential to compile a proper record of the occurrence of the nuisance and its effects on you. The support of independent witnesses will also help. In any event it is possible that the complainants may be called upon to give evidence in nuisance proceedings.
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Environmental Protection Act 1990
Regulations under the Environmental Protection Act 1990 require a range of industrial processes (with the potential to cause pollution) to obtain an authorisation before operating. These include: fuel production and power generation, metal production and processing, mineral industries, chemical industries, waste disposal and recycling and other processes. Councils are responsible for processes that only cause air pollution - Local Air Pollution Control (LAPC). The Environment Agency is responsible for those processes that produce emissions to air, land and water - Integrated Pollution Control (IPC).
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Integrated Pollution Prevention and Control (IPPC)
IPC and LAPC are being replaced by Integrated Pollution Prevention and Control (IPPC), which will be implemented between 2000-2007. Many industries will now require a Permit covering all their emissions. Industries, which previously required no authorisation - such as food and drink processing and intensive livestock installations, will require a permit. While many of its requirements are similar, regulators must consider a much wider range of impacts before granting a Permit - including noise and vibration, heat, energy efficiency and accident prevention policy. For new installations an environmental impact assessment must also be available.
In England and Wales IPPC will be regulated by Councils and the Environment Agency and in Scotland by the Scottish Environmental Protection Agency. Copies of applications for new IPPC Permits and those for installations transferring from IPC and LAPC to IPPC will, subject to certain exemptions, be put in the Public Register maintained by the regulator. New applications must be advertised in a local newspaper, stating where a copy of the application can be seen and the date by which any comments must be received. Various other statutory bodies, such as English Nature, Countryside Commission for Wales and Scottish Natural Heritage will also be consulted. A copy of all comments will be put in the Register, however members of the public may request that their comments are not recorded on the register.
Complaints about any process or installation should in the first instance be made to the operator. If no satisfactory solution can be reached, you should contact Bexley Council.
The Environment Agency has eight regional offices. The head office is at:
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