Part IIE+W+S Smoke, grit, dust and fumes

Limits on rate of emission of grit and dustE+W+S

5 Emission of grit and dust from furnaces.E+W+S

(1)This section applies to any furnace other than a domestic furnace.

(2)The Secretary of State may by regulations prescribe limits on the rates of emission of grit and dust from the chimneys of furnaces to which this section applies.

(3)If on any day grit or dust is emitted from a chimney serving a furnace to which this section applies at a rate exceeding the relevant limit prescribed under subsection (2), the occupier of any building in which the furnace is situated shall be guilty of an offence.

(4)In proceedings for an offence under subsection (3) it shall be a defence to prove that the best practicable means had been used for minimising the alleged emission.

(5)If, in the case of a building containing a furnace to which this section applies and which is served by a chimney to which there is no limit applicable under subsection (2), the occupier fails to use any practicable means there may be for minimising the emission of grit or dust from the chimney, he shall be guilty of an offence.

(6)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.