ALKALI, &c., WORKS REGULATION ACT, 1906. Section. J. [6 EDW. 7, CH. 14.] ARRANGEMENT OF SECTIONS. PART I. Alkali Works and Alkali Waste. Condensation of muriatic acid gas in alkali works. 2. Prevention of discharge of noxious and offensive gas in alkali works. 3. Separation of acids and other substances from alkali waste and drainage therefrom. 4. Deposit or discharge of alkali waste. 5. Prevention of nuisance from alkali waste already deposited or discharged. PART II. Sulphuric Acid, Muriatic Acid, and other specified Works. 6. Condensation of acid gases in sulphuric acid and muriatic acid works. 7. Prevention of discharge of noxious or offensive gas in scheduled works. 8. Provisional Order to prevent discharge of noxious or offensive gas in cement and smelting works. 16. Provision as to calculation of acid. 17. Recovery of fines for offences against Act in county court. 18. Further provisions as to recovery of fines in county court. 19. Application of fines. 20. Discharge of owner on conviction of actual offender. An Act to consolidate and amend the Alkali, &c. Works [4th August, 1906.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commens, in this present Parliament assembled, and by the authority of the same, as follows :— Note. This Act extends the scope of the previous law as to Alkali, &c., works in several directions. It came into operation on 1st January, 1907 (s. 31) and is generally administered by the Local Government Board and a chief inspector and inspectors appointed by that Board (s. 10). Works under the Act have to have a certificate of registration (s. 9 (1)) by the Local Government Board according to certain prescribed particulars (s. 9 (2]). Prosecutions in respect of fines for offences. against the Act not recoverable summarily can only be instituted by the chief inspector or an inspector (s. 17). The subject matter of the Act closely affects the well-being of districts in which any works to which it relates are situated and sanitary authorities have some functions under its provisions. They may on the request and at the expense of owners of works provide and maintain drains for carrying off noxious liquids (s. 3 (3) (4)) and may make complaint to the Local Government Board of contraventions of the Act with a view to proceedings being taken by an inspector (s. 22). They may also apply to that Board for the appointment of an additional inspector and pay a proportion of his salary (s. 14). Terms used in the Act are defined by section 27. Condensation of muriatic acid gas in alkali works. Prevention of discharge of noxious and offensive gas in alkali works PART I. ALKALI WORKS AND ALKALI WASTE. Sect. 1. (1) Every alkali work shall be carried on in such manner as to secure the condensation, to the satisfaction of the chief inspector, of the muriatic acid gas evolved in such work, to the extent of ninety-five per centum, and to such an extent that in each cubic foot of air, smoke, or chimney gases, escaping from the works into the atmosphere, there is not contained more than one-fifth part of a grain of muriatic acid. Note." Alkali work " is defined by section 27 post. (2) The owner of any alkali work which is carried on in contravention of this section shall be liable to a fine not exceeding, in the case of the first offence, fifty pounds, and in the case of every subsequent offence one hundred pounds. Note.-"Owner" is defined by section 27 post. Sect. 2. (1) In addition to the condensation of muriatic acid gas as aforesaid, the owner of every alkali work shall use the best practicable means for preventing the escape of noxious or offensive gases by the exit flue of any apparatus used in any process carried on in the work, and for prevent- Sec. 2 (1). ing the discharge, whether directly or indirectly, of such gases into the atmosphere, and for rendering such gases where discharged harmless and inoffensive, subject to the qualification that, on the basis of the amount of acid gas per cubic foot, no objection shall be taken under this section by an inspector to any muriatic acid gas in the air, smoke, or gases discharged into the atmosphere by a chimney or other final outlet where the amount of such acid gas in each cubic foot of air, smoke, or gases so discharged does not exceed the amount limited by the last preceding section. Note. "Best practicable means " and "noxious or offensive gas" are defined by section 27 post. (2) If the owner of any alkali work fails, in the opinion of the court having cognisance of the matter, to use such means, he shall be liable to a fine not exceeding in the case of the first offence twenty pounds, and in the case of every subsequent offence fifty pounds, with a further sum not exceeding five pounds for every day during which any such subsequent offence has continued. Note. "Owner" is defined by section 27 post. Sect. 3.-(1) Every work of whatever description in which any liquid containing either acid or any other substance capable of liberating sulphuretted hydrogen from alkali waste or drainage therefrom is produced or used shall be carried on in such manner that the liquid shall not come in contact with alkali waste, or with drainage therefrom, so as to cause a nuisance. (2) The owner of any work which is carried on in contravention of this section shall be liable to a fine not exceeding in the case of the first offence fifty pounds, and in the case of every subsequent offence one hundred pounds, with a further sum not exceeding five pounds for every day during which any such subsequent offence has continued. Note."Owner" is defined by section 27 post. (3) On the request of the owner of any such work as is mentioned in this section the sanitary authority of the district in which such work is situate shall, at the expense of such owner, provide and maintain a drain or channel for carrying off such liquid as aforesaid produced in such work into the sea or into any river or watercourse into which the liquid can 39 & C. 75. 40 Vict. Sec. 3 (3). be carried without contravention of the Rivers Pollution Prevention Act, 1876, as amended by any subsequent enactment; and the sanitary authority shall for the purpose of providing any such drain or channel have the like powers as they have for providing sewers, whether within or without their district, under the Public Health Act. Deposit or discharge of alkali waste. Prevention of nuisance from alkali waste already deposited or discharged. Notes."Owner" and "sanitary authority" are defined by section 27 post. Town and urban and rural district councils are sanitary authorities. As to the powers of sanitary authorities outside London for providing sewers, see sections 14 to 16, 18, 19, 32 to 34 of the Public Health Act, 1875 (38 & 39 Vict. c. 55). (4) Compensation shall be made to any person for any damage sustained by him by reason of the exercise by a sanitary authority of the powers conferred by this section, and such compensation shall be deemed part of the expenses to be paid by the owner making the request to the sanitary authority under this section. Sect. 4.-(1) Alkali waste shall not be deposited or discharged without the best practicable means being used for effectually preventing any nuisance arising therefrom. Note.-"Best practicable means is defined by section 27 post. (2) Any person who causes or knowingly permits any alkali waste to be deposited or discharged in contravention of this section shall be liable to a fine not exceeding in the case of the first offence twenty pounds, and in the case of every subsequent offence fifty pounds, with a further sum not exceeding five pounds for every day during which any such subsequent offence has continued. Sect. 5. Where alkali waste has been deposited or discharged, either before or after the commencement of this Act, and complaint is made to the chief inspector that a nuisance is occasioned thereby, the chief inspector, if satisfied of the existence of the nuisance, and that it is within the power of the owner or occupier of the land to abate it, shall serve a notice on such owner or occupier requiring him to abate the nuisance; and if such owner or occupier fails to use the best practicable and reasonably available means for the abatement thereof, he shall be liable to a fine not excceding twenty pounds, and, if he does not proceed to use such means within such time as may be limited by the court inflicting such fine, he shall be liable to a further penalty not exceeding five pounds for every day after the expiration of the time so limited during which such failure continues. Note.-"Owner" and "best practicable means," are defined by section 27 post. Sec. 5. PART II. SULPHURIC ACID, MURIATIC ACID, AND OTHER SPECIFIED Condensation of gases acid in sul muriatic acid works. Sect. 6.—(1) Every sulphuric acid work as defined in paragraph (1) of the First Schedule to this Act shall be carried on phuric acid and in such manner as to secure the condensation, to the satisfaction of the chief inspector, of the acid gases of sulphur or of sulphur and nitrogen which are evolved in the process of the manufacture of sulphuric acid in that work, to such an extent that the total acidity of those gases in each cubic foot of residual gases after completion of the process, and before admixture with air, smoke, or other gases, does not exceed what is equivalent to four grains of sulphuric anhydride. (2) Every muriatic acid work as defined in paragraph (8) of the First Schedule to this Act shall be carried on in such manner as to secure the condensation to the satisfaction of the chief inspector of the muriatic acid gas evolved in such work, to such extent that in each cubic foot of air, smoke, or chimney gases escaping from the work into the atmosphere there is not contained more than one-fifth part of a grain of muriatic acid. (3) The owner of any sulphuric acid work or of any muriatic acid work which is carried on in contravention of this section shall be liable to a fine not exceeding in the case of the first offence fifty pounds, and in the case of every subsequent offence one hundred pounds. Note. "Owner" is defined by section 27 post, Sect. 7.-(1) The owner of any work specified in the First Schedule to this Act (herein-after referred to as a scheduled work) shall use the best practicable means for preventing the escape of noxious or offensive gases by the exit flue of any apparatus used in any process carried on in the work, and for preventing the discharge, whether directly or indirectly, of such gases into the atmosphere, and for rendering such gases Prevention of discharge of noxiou offen sive gas in sch duled works. |