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Environmental
information regulations
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The Environmental Information Regulations or
Environmental Information (Scotland) Regulations 2004
set out enforceable regulations that govern the
public's right to access environmental information
held by public authorities including local
authorities. Environmental information covered by the
regulations includes the state of the air,
atmosphere, water, soil, land, landscape, as well as
factors affecting the above elements such as
substances, energy, noise, radiation or waste,
emissions, discharges into the environment.
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Pollution
control - air handling units
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Ventilation and air-conditioning systems which are
poorly installed or maintained may be a health risk
to the public. The local authority can provide advice
and guidance on all aspects of installation and can
require that detailed plans are submitted for
inspection prior to installation of new units. This
particularly applies to catering establishments.
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Pollution
control - air quality
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Each council has responsibility for measuring the
quality of ambient air to ensure that it meets
required standards in relation to the concentration
of a defined range of pollutants such as lead,
nitrogen dioxide, benzene etc. The local authority is
also required to keep a copy of any orders made under
the Clean Air Act 1993: Part III s18-22, Sch.1 (plus
related Regulations and Orders under the Act). This
information is available from
www.uksmokecontrolareas.co.uk
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Pollution
control - asbestos
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Residents and business may be given advice on what to
do if they believe asbestos may be present in a
building. Council inspectors may visit the premises
to confirm the presence of asbestos and advise on
procedures for removal and disposal.
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Pollution
control - clean air act approval
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The Clean Air Act, 1993 details regulations such as
those which control smoke emissions and the height of
chimneys and those relating to the content and
composition of motor fuels. The local authority is
responsible for ensuring compliance with the
requirements of the Act.
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Pollution
control - construction information and advice
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Advice and information for developers and for the
local community on risks of pollution from
construction work. The local authority will monitor
construction work to minimise pollution caused by
noise, dust and other nuisances.
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Pollution
control - contaminated land
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The Environmental Protection Act 1990: Part IIA
s78R(1); s78B(3); s78G(3) and the Contaminated Land
(Scotland) Regulations 2000: Article 14 oblige local
authorities to maintain a register of contaminated
land which is available for public inspection.
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Pollution
control - exhaust emission testing
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A local authority may carry out roadside vehicle
emission checks in an effort to reduce pollution from
road traffic. All vehicles which are stopped will be
tested to see if their vehicle is emitting pollutants
above the legal standard. Drivers of vehicles which
fail the test may have to pay a fine.
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Pollution
control - hazardous substances
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The Control of Substances Hazardous to Health (COSHH)
Regulations 2002 were introduced to control
exposure to all substances hazardous to health
arising from work activities. The local authority
usually has responsibility for ensuring that these
regulations are adhered to by catering
establishments, offices and shops. The HSE is
generally responsible for manufacturing premises.
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Pollution
control - idling vehicles
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A local authority may enforce powers to deal with
idling vehicles. If you idle your vehicle
unnecessarily while stopped you could be faced with a
£20 fixed penalty ticket
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Pollution
control - inspection and regulation
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Inspection and regulation of premises where Part B
processes which have the potential to cause air
pollution are undertaken. These include activities
such as vehicle re-spraying, furniture manufacture
and unloading of petrol.
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Pollution
control - light pollution
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From 6th April 2006 Local Authorities have the power
to tackle light pollution under the Environmental
Protection Act 1990
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Pollution
control - noise
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Complaints about excessive noise are investigated by
the local authority who can take action if the noise
is considered to be a statutory nuisance.
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Pollution
control - nuisances
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In the event of justified complaint of statutory
nuisance such as emissions of smoke, fumes or gases,
dust, steam and smell is justified, a penalty notice
will be served upon the person responsible by the
local authority.
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Pollution
control - septic tank and cesspit emptying
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Cesspools and septic tanks should normally be emptied
at least once a year to avoid problems occurring.
Councils will usually provide this service for local
residents and businesses under payment of the
appropriate charge. Scottish water provide this
service in Scotland.
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Pollution
control - smoking in enclosed public places
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The Smoking, Health and Social Care (Scotland) Act
2005 and the Prohibition of Smoking in Certain
Premises (Scotland) Regulations 2006 banned smoking
in most enclosed public spaces. Environmental Health
Officers have the power to enter all 'no-smoking
premises' in order to establish that the smoke-free
legislation is being enforced in accordance with the
law. Environmental Health Officers can also give out
fixed penalty notices to people whom they believe are
committing, or have committed, an offence under the
legislation.
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Pollution
control - water
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Working with the Environment Agency in a number of
ways to prevent or control pollution. This is done by
prompt reporting of incidents, ensuring that
emissions from industries controlled by the Council
are properly controlled and by preventing pollution
of water by dealing with any contamination of land.
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