The Council enforce legislation relating to pollution from domestic and industrial premises, including statutory nuisances. Regulation of industrial premises to prevent pollution occurring is also undertaken.

Pollution Control - Penalty Notice

Part 3 of the Environmental Protection Act 1990 requires us to take reasonable steps to investigate and, if appropriate, to take formal action to in the event of justified complaints of statutory nuisance.

For information and advice on Pollution Control, please contact Environmental Health on 0115-907 2244 or email: environmentalhealth@erewash.gov.uk

A Statutory Nuisance in this context can include emissions of smoke, fumes or gases, dust, steam and smell. The emissions must arise from premises and must materially affect the use of enjoyment or other premises.

Typical of complaints of this type are smoke and ash from garden bonfires, smoking chimneys, dust from building and demolition activity and cooking smells from restaurants. The legislation does not allow us to deal with complaints of smells arising from domestic premises.

If satisfied that a complaint of statutory nuisance is justified, an Abatement/Penalty Notice will be served upon the person responsible, occupier or owner of the premises (as appropriate) requiring that the nuisance be abated. Failure to comply with an Abatement/Penalty Notice is an offence and legal proceedings may result. If found guilty of an offence of this type then a fine will be applicable.

Pollution Control - Water

What is water pollution?
Water pollution is the contamination of streams, lakes, underground water or the sea by substances harmful to living things. The major water pollutants are chemical, biological or physical materials that degrade water quality. Water pollutants can result from many human activities, for example:

• residential communities contribute mostly sewage, mixed with traces of household chemicals
• industrial pollutants may enter water sources from the outfall pipes of factories or may leak from pipelines and underground storage tanks
• sometimes industries discharge pollutants into city sewers, increasing the variety of pollutants in urban areas
• polluted water may flow from mines where the water has leached through mineral-rich rocks or has been contaminated by the chemicals used in processing the ores
• pollutants from farms and pastures contribute animal wastes, agricultural chemicals and sediment from erosion.

Who is Responsible for Water?

The Environment Agency is the environmental regulator for water and is responsible for maintaining or improving the quality of fresh, marine, surface and underground water in England and Wales. Its aim is to prevent or reduce the risk of water pollution wherever possible and to ensure that pollution that might affect ecosystems or people is cleaned up. In addition, the Water Resources Act 1963 places a duty on it to ensure the proper use of water resources in England and Wales. Further information can be obtained from the Environment Agency website.

The Drinking Water Inspectorate (DWI) is responsible for assessing the quality of drinking water in England and Wales, taking enforcement action if standards are not being met and appropriate action when water is unfit for human consumption. Further information about drinking water can be found on the DWI website.

Useful Links

water-pollution.org.uk contains useful information about the sources of water pollution and the potential dangers it causes. It also gives a number of tips on preventing it and ways to help keep our waters clean. The website is educational and a source for both adults and children to learn about water pollution.