The Pollution Team comprises four officers, led by a Principal Environmental Health Officer. The Team responds to complaints and also provides a range of monitoring and educational activities.
Local Authority Pollution Control - Permitted Processes
By
emissions from their activities some industries have the capacity to harm the
environment. These harmful emissions mainly consist of waste products from the
process.
In
order to control the environmental harm that is done these industries are
subject to a control regime known as Environmental Permitting. This regime
applies to installations or waste operations which are not exempted and mobile
plant which carries out any relevant activity or waste activity.
The
Regulations controlling these installations are the Environmental Permitting (England & Wales) Regulations 2007. These are
the latest in a line of controls originating in the 1990’s. The current set
introduced a single scheme of permits for both Pollution Protection and Control
(PPC) and Waste Management Licensing (WML).
Two
types of process are relevant for control by local authorities namely Part A2
processes, which are generally the larger, more polluting ones, and Part B
processes which are generally smaller and with less polluting potential. A list of the Part B Processes which are currently Authorised or Permitted by the Council can be downloaded here.
A
third group of processes, which are potentially the most polluting, fall into the
Part A1 category and are controlled by the Environment Agency. If you operate a
Part A1 process you should contact the Environment Agency via their website here or
by telephoning 08708 506506 (Monday to Friday, 8am to 6pm).
The
remainder of this article applies to Part A2 and Part B installations for local
authority regulation only.
Does Your Installation Need to be Permitted?
Any
business covered by the Regulations must have a Permit to operate. The most
common types of local authority-regulated industries which need permits are petrol
stations, vehicle resprayers, dry cleaners, printers and concrete crushers, but there are many others and a full
list of installations can be found in Schedule 1 to the Regulations by following
this link.
By
looking at Schedule1 to the Regulations and the associated guidance you will be
able to identify which of the three classes of installation your operation
falls under (A1, A2 or B) and hence which regulator you should deal with.
On the DEFRA web site are full lists of Process Guidance (PG) notes which are relevant to Part B installations and Sector Guidance (SG) notes which apply to Part A2 installations. Amongst other things these explain the relevant thresholds above which permits are required.
A full understanding of how the system works can obtained from the General Guidance Manuals. These are the same guidance documents that the regulators use to administer the scheme.
Advice for businesses can be obtained via the Government's NetRegs web site or through Business Link.
Applications
Once you are sure that your activity meets the Permitting criteria for a Part A2 or Part B process you will need to submit an application to the Council. The application form can be found on the General Guidance Manual web site (see earlier link). You must pay the appropriate fee, details of which can be found by following the link on the DEFRA web site. Fees vary according to the type of permit applied for and the indsutry type. Cheques should be made payable to "Gosport Borough Council".
Processing the Application
Once
the Council has received your application and is satisfied that it is sufficiently
complete for the Permit to be determined, a ‘duly-made’ letter will be sent to
you confirming this. If more information is necessary to process the
application a separate notice under Regulation 60 will be sent to you asking
for this to be provided.
The
application will then be placed on the public register unless you have asked, and
the Council has agreed, that part of the information be withheld as
commercially confidential or because it is subject to national security
provisions.
The Council will then begin a process of formal consultation
and then draft the Permit. Before it is issued a draft copy will be sent to you
for comment. The final Permit to operate, minus any agreed confidential and/or
national security details will then be placed on the public register.
The Council has published a Communication Strategy covering actions we will take to raise awareness on this issue. A copy can be downloaded here.
Contaminated Land
Our contaminated land page is here.
Creosote
We are sometimes asked for information about creosote and have produced the following guidance. This covers the nature of creosote, the relevant law, health issues and disposal.
What is creosote?
The term creosote is most commonly used to refer to a coal tar product which has been distilled from crude coke oven tar. It is mainly composed of polycyclic aromatic hydrocarbons (PAHs) but also contains phenols and cresols. It is a thick, oily liquid typically amber to black in color.
It’s main purpose is to preserve wooden utilities/telephone poles, railway sleepers and bridge timbers from decay.
Regular or frequent skin contact can cause cancer. Those most at risk are therefore persons who regularly work with creosote. Simple precautions can prevent contamination.
The Legal Position
The use of Creosote has been strictly regulated since European Directive 2001/90/EC on its marketing and use came into force in the UK by virtue of The Creosote (Prohibition on Use and Marketing)(No. 2) Regulations 2003.
Members of the public were required to use up their stocks of the chemical before 30th June 2003. It is still legal to sell creosote in large quantities for professional use only or to use items which have been treated with creosote, such as railway sleepers in garden landscaping.
Unfortunately, the Regulations fail to define which regulator enforces the restrictions on DIY use. They were made under consumer protection law for which the enforcing authority is the County Trading Standard Officer. It is Gosport Borough Council’s opinion that responsibility for enforcing the Regulations also rests with Trading Standards. Customers should, therefore, either contact Consumer Direct on 0845 04 05 06 or 01622 626520; Minicom users should call 08451 281384. Further contact information is available from the Consumer Direct web site, www.consumerdirect.gov.uk. All complaints or enquiries made to Gosport Borough Council will be passed on to Trading Standards.
There are various creosote substitutes now available for DIY use. These still have to be
approved by the Health and Safety Executive. They may also be hazardous to
the environment and users must comply with the manufacturer’s safety
precautions.
Health Concerns
Any concerns about the health effects of the use of creosote, inhaling fumes or coming into contact with treated products should be referred to your doctor. The Council is unable to give medical advice.
Disposal
The Council cannot arrange disposal of creosote or articles which have been treated with creosote. This is the property-owner's responsibility. For further information please check our Streetscene page – click here. Alternatively, contact Streetscene direct on 08000 198 598 during office hours or e-mail streetscene@gosport.gov.uk any time.
For further information about Environmental Health please call (023) 9254 5505, 5506 or 5507 during office hours or call at the Town Hall, High Street, Gosport, Hampshire PO12 1EB.
Alternatively e-mail ehs@gosport.gov.uk any time.
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