Air Pollution Complaint - Commercial

Summary

Advice and the investigation of complaints in respect of air pollution from commercial premises. The assessment of the problem with regard to relevant legislative standards and the resolution of the complaint, where appropriate, by negotiation and/or enforcement.

 

Eligibility

The Service is available to anyone.

 

Procedure

 On receipt of your complaint or query an Officer will contact you to confirm the details you have given. They may give advice and may ask for further information and will outline the actions that may be taken to investigate and resolve your complaint.

If the problem is severe Officers will endeavour to act as soon as they are able. More usually the Officer will contact the company allegedly causing the problem. Officers will advise the company of the relevant legislation and depending on the severity of the offence may take a number of actions from giving advice to the company to the collection of evidence for formal legal action.

At the same time we will contact you to confirm that contact has been made with the company allegedly causing the problem and advise you of the actions that have been taken and likely future actions. If it is not clear if an activity is sufficiently severe in it's effect for the Officer to know whether legal action is necessary we may ask you to complete a diary record for a set period of time to record the details of any further problems.

On the receipt of a completed diary record Officers will assess the extent of the problem. Where appropriate Officers will carry out site visits to monitor and confirm the problem. When necessary, visits can be made outside office hours.

Where Officers are satisfied that sufficient evidence exists to enable the enforcement of the appropriate legislation, Officers will approach the company and, where appropriate, attempt to resolve the problem by negotiation, however should the company be unwilling to make improvements to the situation or the problem caused be sufficiently severe the relevant legal notices will be prepared and served on the company concerned. Should the Company not take remedial action within a reasonable time period a case may be prepared for prosecution.

Where there is insufficient evidence of an offence the Council may be unable to take any further action.

 

Helplines

 Regulatory Services, Pollution Control Team: 01226 772468 e-mail: regulatoryservices@barnsley.gov.uk

South Yorkshire Fire & Rescue Service: 0114 2727202.

Environment Agency (General Enquiries): 08708 506506 (Mon-Fri 8-6)

Environment Agency (Incident Hotline): 0800 807060

Environmental Protection (UK): 01273 878770 www.environmental-protection.org.uk

 

Charges/Fees

 There is no charge for this service.

 

Opening Times

 Monday-Thursday 8.30am to 5.00pm, Friday 8.30am to 4.30pm

 

How the customer can help

 Your request for service (complaint) should include the following information:

• The address/site/area that is causing concern.
• When and for how long the problem was noticed.
• How the problem affected you or another person.
• Any action you have taken to resolve the problem yourself.

 

Leaflets

 Click here to see the Environmental Protection UK leaflet.

 

Distribution Points

 Contact Polltuion Control Team directly.

 

Legislation 

• Environmental Protection Act 1990
• Crop Residues (Burning) Regulations 1993
• Control of Pollution Act 1974
• Clean Air Act 1993
• Human Rights Act 1988
• Data Protection Act 1998

 

Response Times/Next Steps 

Following contact with the Pollution Control Team to make a request for Service or complaint an officer will respond to you within a maximum of 3 working days to verify the details and explain the procedure for your request.

 

Out of Hours Procedure 

This service is only available within office hours. However, where problems already under investigation require site visits outside of office hours, these can be arranged if necessary.

 

Owner Officer Contact Details 

Principal Officer,
Pollution Control,
Regulatory Services,
PO Box 602, 
Barnsley,
S70 9FB.

 

Additional Notes

 

 

Frequently Asked Questions 

Q. Do I have to give my name and address?
A. Yes, the details of your address are essential in order to assess whether the problem is likely to constitute a statutory nuisance, the Officer may have to assess how the poor air quality is affecting someone. For complaints regarding dark smoke or smoke from chimneys, details are not essential but will enable us to update you on progress and action taken.

Q. Will my details be revealed to the person causing the problem?
A. Complainants' details are confidential. However, you may be required to appear in Court as a witness. This would be discussed with you fully at the time and your wishes taken into account

Q. Can I take my own action, to resolve the situation?
A. Possibly, depending on the nature of the problem. Officers can advise you how to go about collating evidence to take your own legal action if relevant.

Q. Can a particular company burn a particular item/fuel?
A. Please contact the Pollution Control Team for specific advice.

Q. Is it illegal to burn bonfires?
A. No - however the Fire Brigade discourage burning at night as it may lead to unnecessary calls to the emergency services.

Q. Is black smoke from a commercial process against the law?
A. Yes

You can also complete our online form to report a problem on Air Pollution - Commercial

 

Related Links:

• Environment Agency
• Environmental Protection UK