From the enforcing officer’s point of view, the advantage of these offences when compared with statutory nuisances is that proof that the accused has caused the offence is sufficient to secure prosecution. There is no need for there to be a complainant or for proof of nuisance from a complainant’s perspective.
Most of the existing specific air pollution offences were consolidated in the Clean Air Act 1993 (see Clean Air Act 1993, EEF Register of Environmental Legislation).
Emitting ’dark smoke’ is a longstanding offence which dates back to times when industrial and commercial sites were heated with coal-fired boilers and most industrial processes were coal fired too. (The colour of the smoke is measured against a British Standard chart depicting shades of grey and black – a Ringelmann Chart.)
There are also offences controlling the burning of bonfires, which in most circumstances are banned on industrial and commercial premises. Circumstances under which bonfires are allowed are listed in the relevant regulations (see SI1969/1263, EEF Register of Environmental Legislation).
Note that where a specific offence exists, nuisance actions cannot be taken.
Also, any industrial processes which come under systems of environmental permitting will not be subject to these specific offences.
Chimney heights
A chimney, especially one serving a coal or oil-fired furnace, needs to be high enough to ensure efficient dispersion of the products of combustion. This is enforced by regulations (see Clean Air Act 1993, EEF Register of Environmental Legislation).
Air quality
Regulations exist so that local authorities have some control over the overall air quality in their areas. Various pollutants which are emitted by vehicles and fixed installations are covered by these regulations (see SI 1989/317 as amended and SI 201/2315 as amended EEF Register of Environmental Legislation).
It is the duty of the local authority to ensure that air quality objectives as set out in the regulations are met. To reduce pollution levels, the local authority can restrict the activities of businesses in their area. Businesses may find that planning decisions are influenced by consideration of air quality issues.