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Clean Air Act 1993

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11 Measurement of grit, dust and fumes by local authorities.E+W+S

(1)This section applies to any furnace to which section 10(2) (duty to comply with prescribed requirements) for the time being applies and which is used—

(a)to burn, at a rate less than 1.02 tonnes an hour, solid matter other than pulverised fuel; or

(b)to burn, at a rate of less than 8.21 Megawatts, any liquid or gaseous matter.

(2)The occupier of the building in which the furnace is situated may, by notice in writing given to the local authority, request that authority to make and record measurements of the grit, dust and fumes emitted from the furnace.

(3)While a notice is in force under subsection (2)—

(a)the local authority shall from time to time make and record measurements of the grit, dust and fumes emitted from the furnace; and

(b)the occupier shall not be under a duty to comply with any requirements of regulations under subsection (2) of section 10 in relation to the furnace, except those imposed by virtue of paragraph (b) of that subsection;

and any such notice given by the occupier of a building may be withdrawn by a subsequent notice in writing given to the local authority by him or any subsequent occupier of that building.

(4)A direction under section 10(1) applying section 10(2) to a furnace which is used as mentioned in subsection (1)(a) or (b) of this section shall contain a statement of the effect of subsections (1) to (3) of this section.

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