The directive is now being implemented under the Local Air Pollution Prevention and Control system regulated by local councils. All drycleaning installations covered by SED had to have obtained obtained a permit to operate and be fully compliant with the directive's requirements by 31 October 2007.
Both Defra and WAG stress that they cannot dictate the enforcement action in individual cases, but the revised guidelines are intended to provide a framework for local authority decision-making.
They warn that if the legislation is enforced in such a way that some businesses can avoid the cost of compliance while others in the same market cannot, this could result in a complaint to the EU Commission.
The Commission can take action in respect of any installation reported to it for failing to comply and this could lead to the UK being prosecuted for insufficient enforcement in the European Court of Justice.
Defra adds: “Some drycleaners with older machines may find themselves unable to comply with SED without replacing their machines. For example, they may not be able to meet the emission limit of 20g of solvent per kg product cleaned. This is a mandatory requirement, which can be achieved by well-maintained, modern machines operating with full loads.”
It also reminds local authorities that from April 2008, the statutory Regulators' Compliance Code will supersede the Cabinet Office Enforcement Concordat, which advises on a proportionate approach to enforcement.
