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36
ATMOSPHERIC POLLUTION AND SMOKE ABATEMENT
The Council's powers for dealing with nuisances arising from the emission of
smoke are contained in Sections 147-154 of the Public Health (London) Act, 1936.
In Section 148 the expression "Chimney" includes every structure or
opening of any kind whatsoever capable of emitting smoke, and the expression
"smoke" includes "soot, ash, grit and gritty particles",
"Smoke Nuisances" are defined as:-
(a) any fireplace or furnace which does not, as far as practicable, consume
the smoke arising from the combustible used therein, and which
is used for working engines by steam, or in any mill, factory, dyehouse,
brewery, bakehouse or gaswork, or in any manufacturing or
trade process whatsoever:
(b) any chimney (not being the chimney of a private dwelling-house or
the chimney of a ship habitually used as a sea-going ship) sending
forth smoke in such quantity as to be a nuisance; and
(c) any chimney of a ship habitually used as a sea-going ship sending
forth black smoke in such a quantity as to be a nuisance.
In the case of a person against whom a complaint under (a) is made to the Court
it is a defence to show that a fireplace or furnace is constructed in such
manner as to consume as far as is practicable, having regard to the nature of
the manufacture or trade, all smoke arising therefrom, and that the fireplace
or furnace has been carefully attended to by the person having charge thereof.
It is also a defence for a person charged under (b) to show that he has used
the best practicable means for preventing the nuisance having regard to cost
and to local conditions and circumstances. This defence is restricted to a
nuisance from smoke other than black smoke: when the smoke is black smoke, the
defence is not available. The expression "best practicable means" refers not
only to efficiency of the plant but also to the manner in which it is handled.
The Inspector making smoke observations has to decide whether or not the
emission of smoke in any particular circumstance constitutes a nuisance; the
only legal definition is contained in the Byelaws made by the London County
Council under the Public Health (Smoke Abatement) Act, 1926, and continued in
force by the Public Health (London) Act, 1936, These Byelaws define "smoke
nuisance" as the emission of black smoke for a period of two minutes in the
aggregate within any continuous period of thirty minutes from any one chimney
of a building other than a private dwelling-house. Buildings in which certain
specified industrial processes are carried on are exempted from the provisions
of the Byelaws.
In view of the evil of atmospheric pollution with its attendant adverse
effect on the public health, the prevention of nuisance from smoke is given
considerable prominence in the activities of the Department. As almost 100
per cent of the complaints received relating to smoke nuisances are associated
with factory premises, the Factories Inspector deals practically entirely with
the matter of smoke abatement; in this work he has the assistance of an outdoor
observer, who is a member of the drainage staff. Complaints of smoke
nuisance to the number of 14 were received, and observations totalling 1,453
were made; intimation notices were served in respect of the 28 smoke nuisances
found, and in eight of these cases it was necessary to serve statutory notices;
the nuisances in question were abated without legal proceedings. In
this connection I am glad to say that factory occupiers on the whole co-operated
to the best of their ability in taking steps to remedy the unsatisfactory condi
tions brought to their notice and were always ready to give effect to any
suggestions made by the Council's Inspector.
MEASUREMENT OF ATMOSPHERIC POLLUTION. Two stations for the purpose of
measuring and recording the extent of atmospheric pollution in Hackney were in
operation. The one provided by the Borough Council is sited on the roof of
the Town Hall and comprises (a) a lead peroxide instrument which records the