Control of Pollution Act

That the authorities have refused unreasonably to accept compliance with alternative requirements or that the requirements of the notice are otherwise unreasonable in character or extent, or are unnecessary. This defense is self-explanatory. The local authorities are only permitted to ask for works that will abate the noise nuisance. Other works (perhaps to comply with legislation) should not be specified in the notice. They may, however, be contained in a letter separate from the notice. An example of this would be where the fitting of acoustic enclosures to food-manufacturing machines breached food hygiene requirements. Readily cleanable enclosures may be a requirement of the Food Hygiene Regulations, but it should not be contained in a Section 58 Control of Pollution Act notice. 

Local authorities are empowered by the Control of Pollution Act 1974 to designate areas as noise-abatement zones. Within these areas noise levels are measured and entered into a register. It is an offence to increase noise levels beyond register levels unless consent is obtained. If the local authorities are of the opinion that existing noise levels are too high, noise-reduction notices can be served. 

Discharge of trade effluent into a sewer requires a consent from the Sewerage Undertaker under a procedure set out in the Public Health (Drainage of Trade Premises) Act 1961, Control of Pollution Act 1974 and Water Act 1989. The Environmental Protection Act 1990 is also applicable to prescribed processes and substances. 

Control of Pollution Act 1974, 519 Control of Pollution (Amendment) Act 1989, 519 Control of Substances Hazardous to Health Regulations 1999, 1, 12, 112, 119, 137, 141 Control of Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991, 519 Conversion tables, 543 Copper, 30, 274... 

In India, domestic and industrial wastewaters are required to meet the standards set out in the Environment (Protection) Third Amendment Rules (1993) and Water (Prevention and Control of Pollution) Act (1974). The tolerance limits for the disposal of industrial effluents into inland surface water are given in Table 23 [69]. 

This is aimed at preventing the discharge of noxious and offensive gas in alkali and other scheduled works. It also deals with the condensation of acid gases and the separation of acids and other substances from alkali waste. Parts have been repealed by The Control of Pollution Act 1974 and The Health and Safety (Emissions into the Atmosphere) Regulations 1983. 

Special attention needs to be paid to the Control of Pollution Act 1974 that deals with the control of noise as a pollutant, in addition to the other areas of air, ground and water pollution. All possible areas and types of pollution should be identified as part of the loss control audit. 

The Control of Pollution Act provides general legislation for limiting community noise as well as other pollutants. No specific limits are set, but the Act empowers the Local Authority to require a reduction in noise emission and impose conditions for noisy operations, e.g. specify a level of noise emission for a particular operation which must not be exceeded at certain given times. In certain instances they may not only set the limits but specify how they are to be met or how equipment is to be operated, referring to the relevant British Standard . 

The Act further provides for the replacement of Part 1 of the Control of Pollution Act 1974 with strengthened and extended controls over waste. A novel aspect is section 26 which describes the duty of care. It places the duty on producers, carriers and disposers of waste to ensure that waste is ... 

The disposal of controlled waste is covered by the legislative requirements of the Control of Pollution Act 1974 which defines controlled waste as household, industrial and commercial waste or any such waste. This Act is supplemented by Regulations which lay down specific conditions that have to be met when disposing of dangerous or injurious wastes. The 1974 Act is due to be superseded by the Environmental Protection Act 1990. ... 

The Act makes provision for protecting others against risks to health and safety from the way in which work activities are carried out. It also seeks to control certain emissions into the atmosphere, as did the Control of Pollution Act 1974, and to control the storage and use of dangerous substances. In addition, the Act ensures the continuation of the Emplo5unent Medical Advisory Service. 

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