(1)Every alkali work shall be carried on in such manner as to secure the condensation, to the satisfaction of [F2the appropriate Agency], of the [F1hydrochloric] acid gas evolved in such work, to the extent of ninety-five per centum, and to such an extent that in each [F3cubic metre] of air, smoke, or chimney gases, escaping from the works into the atmosphere, there is not contained more than [F30.46 gram] of [F1hydrochloric] acid.
[F4(2) The owner of any alkali work which is carried on in contravention of this section shall be guilty of an offence.]
Textual Amendments
F1Word “hydrochloric” substituted for the word “muriatic” wherever it appears in the Act, by S.I. 1983/943, reg. 5(a)
F2Words in s. 1(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F3Words substituted by S.I. 1983/943, reg. 6, Sch. 3
F4S. 1(2) substituted by Clean Air Act 1956 (c. 52), Sch. 2
(1)In addition to the condensation of [F5hydrochloric] acid gas as aforesaid, the owner of every alkali work shall use the best practicable means for preventing the escape of noxious or offensive gases by the exit flue of any apparatus used in any process carried on in the work, and for preventing the discharge, whether directly or indirectly, of such gases into the atmosphere, and for rendering such gases where discharged harmless and inoffensive, subject to the qualification that, on the basis of the amount of acid gas per [F6cubic metre], no objection shall be taken under this section by [F7the appropriate Agency] to any [F5hydrochloric] acid gas in the air, smoke, or gases discharged into the atmosphere by a chimney or other final outlet where the amount of such acid gas in each [F6cubic metre] of air, smoke, or gases so discharged does not exceed the amount limited by the last preceding section.
[F8(2) If the owner of any alkali work fails, in the opinion of the court having cognizance of the matter, to use such means, he shall be guilty of an offence.]
Textual Amendments
F5Word “hydrochloric” substituted for the word “muriatic” wherever it appears in the Act, by S.I. 1983/943, reg. 5(a)
F6Words substituted by S.I. 1983/943, reg. 6, Sch. 3
F7Words in s. 2(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F8S. 2(2) substituted by Clean Air Act 1956 (c. 52), Sch. 2
(1)The preceding provisions of this Part of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process.
(2)The “determination date” for a prescribed process is—
(a)in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;
(b)in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.
(3)In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.]
Textual Amendments
F9S. 2A inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15, para. 2; see s. 164(3) and S.I. 1991/1042, art.2
Textual Amendments
F10Ss. 3–5, 8 repealed by Control of Pollution Act 1974 (c. 40), Sch. 4