Dust created through the process of aggregate recycling can have
a significant impact on the environment. Environmental
Protection Act 1990 Dust, smoke, fumes, odours and deposits
constitute statutory nuisance under Section 79 of the
Environmental Protection Act 1990. Part I of the Act prescribes
certain substances and processes for control and authorisation
for continued operation by the Environment Regulator (EA in
England and Wales, SEPA in Scotland and NIEA in Northern
Ireland) or local authority – the latter being the enforcing
authority for operations involving minerals and waste. Operators
have to demonstrate the use of best available techniques not
entailing excessive cost (BATNEEC) before an authorisation to
operate is granted. Part III of the Act deals with the statutory
nuisances from dust etc. from premises. If it is satisfied that
a statutory nuisance does exist, it is section 79 and 80 of the
Act that deal with the duties of the local authority and the
mechanism for serving an abatement notice.