S.I. No. 156/1970 - Control of Atmospheric Pollution Regulations, 1970.

S.I. No. 156 of 1970.

CONTROL OF ATMOSPHERIC POLLUTION REGULATIONS, 1970.

The Minister for Local Government, in exercise of the powers conferred on him by section 10 of the Local Government (Sanitary Services) Act, 1962 (No. 26 of 1962), and after consultation with the Minister for Industry and Commerce, hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Control of Atmospheric Pollution Regulations, 1970.

(2) These Regulations shall come into operation on the 1st day of January, 1971.

2. In these Regulations:—

"black smoke" means smoke which is as dark as or darker than shade 4 on a chart of the type known at the date of the commencement of these Regulations as the Ringelmann Chart;

"dark smoke" means smoke which is as dark as or darker than shade 2 on a chart of the type known at the date of the commencement of these Regulations as the Ringelmann Chart;

"practicable" means reasonably practicable having regard, amongst other things, to local conditions and circumstances, financial considerations and the current state of technical knowledge, and

"practicable means" includes the provision and maintenance of plant and the proper use thereof;

"private dwelling-house" means any building or part of a building or any structure used or intended to be used for human habitation but does not include the curtilage or garden of a private dwelling-house or a building containing several private dwellings and having a furnace the maximum heating capacity of which exceeds 55,000 British Thermal Units per hour (16.1189kW);

"sanitary authority" has the same meaning as in the Local Government (Sanitary Services) Acts, 1878 to 1964.

3. (1) The occupier of any premises other than a private dwelling-house—

(a) shall not cause or permit to be emitted from such premises dark smoke for a continuous period exceeding four minutes;

(b) shall not, subject to sub-article (2) of this article, cause or permit to be emitted from such premises dark smoke for more than eight minutes in the aggregate in any period of eight consecutive hours; and

(c) shall not cause or permit to be emitted from such premises black smoke for more than two minutes in the aggregate in any period of thirty minutes.

(2) Where a chimney serves two or more furnaces it shall not be a contravention of paragraph (b) of sub-article (1) of this article to cause or permit to be emitted therefrom dark smoke for periods not more in the aggregate in any period of eight consecutive hours than—

(i) sixteen minutes where the chimney serves two furnaces,

(ii) twenty-two minutes where the chimney serves three furnaces,

(iii) twenty-seven minutes where the chimney serves four or more furnaces.

(3) Where a person is charged with a contravention of this article it shall be a defence to prove—

(a) that the best practicable means have been employed to avoid such contravention, or

(b) that the emission of the smoke in respect of which the proceedings are taken was caused by the lighting up of the fire or furnace from being cold, or

(c) that the contravention complained of was solely due to some failure of a furnace or of apparatus used in connection with a furnace, that that failure could not reasonably have been foreseen, or, if foreseen, could not reasonably have been provided against, and that the contravention could not reasonably have been prevented by action taken after the failure occurred.

(4) Where a person is charged with a contravention of paragraph (a) of sub-article (1) of this article, it shall be a defence to prove that the smoke in respect of which the proceedings are taken was emitted during the operation of soot-blowing.

(5) Where a person is charged with a contravention of paragraph (b) of sub-article (1) of this article, it shall be a defence to prove that the smoke in respect of which the proceedings are taken was emitted during the operation of soot-blowing and was not emitted for more in the aggregate in any period of eight consecutive hours than—

(i) twelve minutes where the chimney is served by one furnace,

(ii) twenty-three minutes where the chimney is served by two furnaces,

(iii) thirty-two minutes where the chimney is served by three furnaces,

(iv) thirty-nine minutes where the chimney is served by four or more furnaces.

4. (1) The occupier of any premises other than a private dwelling-house shall not cause or permit to be emitted from such premises smoke, dust, grit, gas or fumes in such quantity or in such a manner as to be a nuisance to persons in any premises in the neighbourhood.

(2) Where a person is charged with a contravention of this article, it shall be a defence to prove that the best practicable means have been taken to minimise the emission complained of.

5. (1) A person shall not cause or permit to be emitted from or in any public place smoke, dust, grit, gas or fumes in such quantity or in such a manner as to be a nuisance to persons in any premises in the neighbourhood.

(2) In this article "public place" means any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge.

6. Where in the opinion of the sanitary authority, article 3 or article 4 of these Regulations has been contravened and the contravention is likely to continue or to occur again, the sanitary authority may notify the occupier of the premises of the works which the sanitary authority consider necessary to be done to end the contravention or to prevent its recurrence.

7. It shall not be a contravention of article 3 or 4 of these Regulations to cause or permit to be emitted from any premises dark smoke resulting solely from the carrying out of research relevant to the problem of air pollution provided that prior notification of the experiments causing the emission has been given to the sanitary authority of the district.

GIVEN under the Official Seal of the Minister for Local Government

this 1st day of July, 1970.

ROBERT MOLLOY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations set limits on the length of time during which smoke of varying degrees of darkness may be emitted from a premises other than a private dwellinghouse and make it an offence to emit smoke, dust, grit, gas or fumes from such a premises or from any public place in such a quantity or manner as to be a nuisance to persons in any premises in the neighbourhood. The Regulations provide that it will be a good defence to show that the best practicable means have been taken to minimize the emission. The Regulations will come into operation on 1st January, 1971.