
Some aspects of the process may not be covered explicitly by conditions, but there remains a
residual duty on the operator to prevent or minimize the release of prescribed substances by the
use of BATNEEC.
Local authority control of air pollution covers a second tier of less-polluting processes. Incinerators
for waste chemicals, or waste plastic arising from their manufacture, and other waste incinerators
dependent upon size are, however, subject to both the BATNEEC and BPEO requirements under
the IPC regime.
Any IPC application will include, in addition to details of the operator:
• A description of the prescribed process.
• A list of prescribed substances, and other substances which are potentially environmentally
harmful, used in or resulting from the process. The quantities that might be released with
control technologies in place.
• Details of any proposed release of prescribed substances and an assessment of the environmental
consequences of emissions. (For local authorities air pollution controlled processes this applies
only to atmospheric emissions.)
• Information to show that BATNEEC is to be applied; a description of techniques for preventing,
minimizing and rendering harmless the emissions. How these techniques will be monitored.
• Proposals for monitoring the release of such substances and the environmental consequences.
It must include an assessment to demonstrate that the process represents the BPEO.
Part II of EPA 90 deals with waste disposal, handling and management. The provisions impose
duties on the producers of waste to ensure the safe disposal. There are strong licensing powers for
local authorities, with continuing responsibilities for licensees to monitor and maintain sites after
closure.
The Clean Air Act 1993 provides a comprehensive control mechanism for the protection of the
environment from smoke, dust and fumes. The 1993 Act consolidates the previous provisions of
the 1956 and 1968 Clean Air Acts.
Section 1 of the Act prohibits:
dark smoke emissions from a chimney of any building
dark smoke emissions from a chimney serving the furnace of a fixed boiler or industrial
plant.
The Dark Smoke (Permitted Periods) Regulations, give details on circumstances and time limits
when dark smoke is allowed.
Section 2 of this Act prohibits dark smoke from any industrial or trade premises (there is no
requirement under Section 2 for the dark smoke to be emitted from a chimney).
The Water Industry Act 1991 and Water Resources Act 1991
The disposal of aqueous-based wastes, i.e. liquid effluents, is regulated in part by the Water
Industry Act 1991 and the Water Resources Act 1991.
The discharge of any trade effluent into a public sewer requires a specific consent from the
sewerage undertaker. If granted, conditions are attached to the consent relating to which sewer,
flowrates and composition (see Table 16.15), metering of flowrate, and possibly automatic monitoring.
For Special Category Effluents, e.g. mercury, pesticides, chlorinated organics, as listed in Schedule
1 of the Trade Effluents (Prescribed Processes and Substances) Regulations 1989 (Table 17.1),
agreement must also be obtained from the Environment Agency.
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