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The Clean Air (Miscellaneous Provisions) (England) Regulations 2014

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This is the original version (as it was originally made).

Information which may be required by a section 36 notice

This section has no associated Explanatory Memorandum

6.—(1) Subject to paragraph (2), a section 36 notice must specify the premises to which it relates and may require the provision of estimates or other information, in respect of those premises, of any of the following kinds—

(a)in relation to emissions of sulphur dioxide during any specified period—

(i)the total duration of all discharges from the specified premises during that period;

(ii)(aa)the temperature in degrees Celsius,

(bb)the efflux velocity in metres per second, and

(cc)the volume flow rates in cubic metres per hour,

of the gases discharged from any specified chimney or flue or other specified outlet during that period, and the height in metres above ground level at which each such discharge takes place;

(iii)the total quantity of sulphur dioxide discharged during that period, to be ascertained, in the case of sulphur dioxide derived from a combustion process, either by calculation from the quantity of fuel or other matter burnt and its sulphur content, or, if the occupier of the premises and the local authority so agree, by direct measurement;

(b)in relation to total emissions of particulate matter of all kinds during any specified period—

(i)the total duration of all discharges from the specified premises during that period;

(ii)(aa)the temperature in degrees Celsius,

(bb)the efflux velocity in metres per second, and

(cc)the volume flow rates in cubic metres per hour,

of the gases discharged from any specified chimney or flue or other specified outlet during that period, and the height in metres above ground level at which each such discharge takes place;

(iii)the average concentration of particulates in the gases discharged during that period in grams per cubic metre at standard temperature and pressure (that is to say, a temperature of 15 degrees Celsius and a barometric pressure of one bar);

(iv)the total quantity of particulates discharged during that period;

(c)in relation to emissions of gas other than sulphur dioxide or emissions of any specified particulate matter during any specified period—

(i)the total duration of all discharges from the specified premises during the period;

(ii)(aa)the temperature in degrees Celsius,

(bb)the efflux velocity in metres per second, and

(cc)the volume flow rates in cubic metres per hour,

of the gases discharged from any specified chimney or flue or other specified outlet during that period, and the height in metres above ground level at which each such discharge takes place;

(iii)the average concentration of specified pollutants in the discharges made during the period;

(iv)the total quantity of specified pollutants discharged during the period.

(2) Where a section 36 notice relates to an emission which has taken place before the giving of the notice, it may not require information of a kind prescribed by paragraph (1) concerning that emission, except and insofar as that information is in the possession of the occupier of the specified premises or immediately available to that occupier.

(3) In this regulation, “specified”, in respect of any matter to which a section 36 notice relates, means specified in the relevant notice.

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