§ Linda GilroyTo ask the Secretary of State for Environment, Food and Rural Affairs if he will take steps to clarify the powers which local authorities have to act in respect of smell nuisance from sewage treatment works. [32065]
§ Mr. MeacherExcept in the specific circumstances under which sewage works are regulated under the IPPC provisions, local authorities have a duty under section 79(1)(d) of the Environmental Protection Act 1990, to investigate complaints about smell or odours arising on industrial, trade or business premises and being prejudicial to health or a nuisance. If a local authority's environmental health officer is satisfied that the smell or odour complained about amounts to a statutory nuisance then the local authority must serve an abatement notice on the owner or occupier of the premises. However, in coming to a decision an environmental health officer would need to determine whether "best practicable means" are being used to prevent the nuisance or counteract its effect. Generally local authorities will try to work closely with the water undertakings to investigate and monitor odour problems from sewage treatment works without having to resort to abatement measures or legal action.