§ Linda GilroyTo ask the Secretary of State for Environment, Food and Rural Affairs if she will take steps to clarify the powers which local authorities have to act in respect of smell nuisance from sewage treatment works. [32065]
§ Mr. MeacherPursuant to the answer given to my hon. Friend on 4 February 2002,Official Report, column 749W, the information provided should be properly clarified. Local authorities are not able to use their powers under the Environmental Protection Act 1990 as previous case law has deemed that public sewers and sewage treatment works cannot be considered "premises" within the context of that Act. My officials are exploring the available legislation and existing controls as a possible means to deal with odour nuisance from sewage treatment works in the future.