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satisfaction of the director of water examinations Metropolitan Water Board or such other persons as the Scottish Board of Health may approve, the fee of such director or other person being payable by the Corporation, and such plant shall at all times be maintained in good working order and shall be so worked as to ensure that at all times the water supplied to the consumers shall be pure and whole

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(2) The Corporation shall at all times employ a fulltime qualified water engineer, who shall be approved by the Scottish Board of Health and who shall have under his direct and constant control and management the whole water undertaking including the said chlorinating plant, and who shall from time to time take and submit samples of the water for bacteriological examination by a bacteriologist to be retained by the Corporation and approved by the Scottish Board of Health, and who shall when required by such bacteriologist submit to him samples of the water for examination.

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(3) Any person duly authorised by the Scottish Board of Health for that purpose may at any time enter any premises pertaining to or any part of the water undertaking in order to inspect and examine the same and may inspect and examine the same and may take samples."

4. Drainage.-Drainage questions do not as a rule present such great difficulties as questions of water supply. Usually the main and primary difficulty in the way of securing an efficient water-borne drainage system is the absence or inadequacy of a water supply. The two problems are therefore closely inter-related. In considering the question of a water supply scheme, a local authority will always recognise that, when an adequate supply of water is available, it is probable that there will be an increase in the number of water-closets and baths, and this may involve the construction of a sewerage system, or the enlargement or improvement of an existing system, with consequent additional expenditure. On the other hand, the inadequacy of an existing drainage system and the increasing number of demands for connections in respect of newly-installed conveniences may point to the necessity of augmenting the water supply as well as enlarging or extending the sewers.

During the year pressure was brought to bear on an important burgh to carry out a drainage scheme calculated to remove undesirable conditions. The existing system of sewerage consists partly of pipe sewers and partly of built sewers and culverts, and these convey sewage in its crude state to a river that passes to the south of the burgh and to a tributary that passes through the burgh. In addition to these sewers several private drains from dwelling-houses and various kinds of works discharge their effluents into the tributary, which is in a highly polluted state. The main stream is also greatly polluted. Complaints as to the

polluted nature of the streams have frequently been lodged with the local authority, and the sanitary officers of the burgh have reported that the conditions constitute a serious nuisance. As much as thirty years ago plans of a new scheme were prepared but no action has been taken. During the last twenty years the town council have sent deputations to visit sewage disposal works in England and in Scotland, but this activity has borne no fruit. In 1925 the burgh surveyor submitted a report in which two alternative schemes were suggested for consideration; but the local authority took no step towards carrying out either scheme. It appears that the local authority had come to the conclusion that sewage disposal schemes were still more or less at an experimental stage, and apparently they preferred to allow the present offensive conditions to continue rather than take action based on the present state of scientific knowledge. The Board advised them as to various methods of disposal that had been found effective and urged them to proceed with a scheme. The scheme originally prepared thirty years ago is now being reconsidered, and negotiations are still continuing. Fortunately such procrastination is exceptional in Scotland. The matter will continue to receive close attention, and such action will be taken as may be called for.

5. Sewage Disposal. -Inseparably associated with the question of drainage is that of sewage disposal. In many towns and villages where there is a reasonably adequate system of drainage, the sewage is discharged without treatment of any kind into rivers and streams. This is a violation of the provisions of Section 3 of the Rivers Pollution Prevention Act, 1876, which provides that "every person who causes to fall or flow or knowingly permits to fall or flow or to be carried into any stream any solid or liquid sewage matter, shall (subject as in this Act mentioned) be deemed to have committed an offence against this Act." The same section makes exceptions in cases "where the best practicable and available means" are used to render harmless the sewage matter so falling or flowing or carried into the stream." But as the authority entrusted with the administration of that Act is the public health local authority (who, in the cases under comment, are the offending parties) or the county council, effective action to prevent this violation is somewhat difficult where the local authorities themselves do not recognise their duty to purify all sewage before discharge into streams. It is greatly to be regretted that so many local authorities discharge untreated sewage into streams. In many cases the principal obstacle to installing purification works is one of finance. In a few cases there is the engineering difficulty of draining an area which is low-lying and level, and in the last resort this also becomes a question of finance. But in some cases purification works could be installed without imposing undue burdens on the ratepayers.

During the year the Chief Engineer has given special con

sideration to the "activated sludge method of sewage

treatment, with special reference to its applicability to the smaller drainage areas.

6. Surveys of Rivers.-In the Reports of 1924 and 1925 reference was made to surveys that had been carried out of certain rivers in Scotland. Only one complete and one partial survey were made during last year. Correspondence with local authorities in connection with previous surveys continues, but the results have been disappointing.

The surveys have been of an exhaustive character. They commenced at the point where the first pollution, nearest the source, entered the stream; the course of the stream was then followed to its mouth, and each source of pollution, whether from sewage or from industrial effluent, was carefully noted. Each tributary was dealt with in a similar manner. Such improvements as have been effected as a result of correspondence have been of a minor character. The Board are not authorised by the Rivers Pollution Prevention Acts to bring compulsory measures to bear upon local authorities.

In the case of one of the rivers surveyed, the degree of pollution is admittedly very high; conferences have been held of the various local authorities concerned, at one of which the Department was represented, but so far nothing has been done to remedy matters. On the contrary, sewage from various housing schemes, entering the river or one of its tributaries untreated, adds appreciably to the degree of pollution. The pollutions arise mainly from sewage, coal washings and effluents from a distillery and various types of mills.

The reasons for this inaction are various. The local authorities on the lower reaches wait for those on the upper reaches to take action. Many of the sewage pollutions are from special drainage districts in a landward area, the local authority of which having recently carried through an expensive water supply scheme are unwilling to undertake additional heavy expenditure in installing sewage purification works. Engineering difficulties arise in this area because of extensive underground coal workings, with a risk of subsidence and consequent damage to the purification plant. (An expensive plant installed by a neighbouring burgh had thus been rendered useless.) To avoid this danger it would probably be necessary to find a site for the purification plant under which the minerals had not been worked, and to take steps to prevent the working of the minerals under that site in future. This would add very materially to the cost of purification works. In these circumstances nothing further is being done to reduce existing pollutions from sewage; and so far as we are aware, the local authorities are taking no action against the industrial concerns.

7. Loans for Water Supply and Drainage. Applications continue to be received for recommendation, in terms of Section 142 of the Public Health (Scotland) Act, 1897, to loans from the Public Works Loan Board to meet the

cost of capital works for which authority to borrow is given by the above Act or by the Burgh Police Acts. Ten loans in respect of waterworks and drainage were recommended, the total amount in respect of waterworks being £41,583, and for drainage works £2,500. In addition one loan of £160 for cleansing purposes was recommended.

Many local authorities borrow in the open market the money necessary for carrying out water supply and drainage works; and as our consent to borrowing is not required under statute; such works do not come under notice, nor are the works in any way subject to our approval. Accordingly, the works in respect of which we recommended loans from the Public Works Loan Board do not by any means represent the total number of such works carried out by local authorities in Scotland.

8. Responsibility for cleansing drains.-An interesting case came before the Second Division of the Court of Session in regard to the responsibility of a local authority for the cleansing of the drains constructed by the authority. (John Rankine Brash v. The Provost, Magistrates and Councillors of the Burgh of Peebles.)

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In this case the pursuer sued the local authority for damages in respect of the death of his son and the illness of other members of his family due, he averred, to the failure of the local authority to cleanse a drain outside his house. The local authority denied liability, founding their defence on Section 166 of the Public Health (Scotland) Act, 1897, which provides that every action or prosecution against any person acting under this Act on account of any wrong done in or by any action, proceeding or operation under this Act shall be commenced within two months after the cause of action shall have arisen." The pursuer admitted that the action was not brought within the time limit mentioned, but contended that the defenders were not entitled to found upon Section 166 of the Public Health Act because the duty of cleansing the drain was laid upon them, not under the Public Health Act, but under the Burgh Police (Scotland) Act, 1892, and amending Acts, and also under the Town Council (Scotland) Acts, 1900 and 1903. In any event, the pursuer maintained that proof should be ordered of the defenders" averment that they acted under the provisions of the Public Health Act."

The Court dismissed the action, upholding the local authority's plea that the action was barred by Section 166 of the Public Health Act. In the opinion of the Judges, although both the Public Health Act and the Burgh Police Act contain a complete and exclusive code with regard to the construction of drains, it is only in Section 103 of the Public Health (Scotland) Act, 1897, that there is found an express duty of cleansing clearly and definitely imposed on a local authority. Any duty to cleanse drains which might be founded on Section 219 of the

Burgh Police (Scotland) Act, 1892, would appear to be by implication only.

9. Byelaws. During the year nineteen sets of byelaws have been confirmed. These have dealt with pigstyes; public conveyances; houses let in lodgings; tents, vans and sheds; buildings; cleansing; accommodation for seasonal workers and other matters.

Byelaws as to Pigstyes.-Under Section 35 of the Public Health (Scotland) Act, 1897, a local authority may make byelaws, inter alia, for regulating "the places in which they (pigstyes) may be erected." Also in terms of Section 316 B (7) of the Burgh Police (Scotland) Act, 1892, byelaws may be made "for prescribing the situations or places in which swine may be kept. It has invariably been the practice to give effect to these provisions by prescribing a minimum distance from dwellinghouses, streets, &c. A discretion has hitherto been left to local authorities to decide the distance according to the special requirements of the district, and the opinion was expressed that in rural areas a distance of 60-90 feet might be sufficient, while in burghs and other populous districts a distance of 120-150 feet might be a proper and reasonable requirement. The byelaws submitted for confirmation have included distances from 30 feet to 150 feet.

Representations were made to us during the year to the effect that many people, especially in rural areas, would keep pigs if the restrictions as to the position of pigstyes did not act as an obstacle, and that, with a view to the development of the Scottish pig industry, some modification of the local authorities' byelaws might be considered so as to permit of the keeping of pigs within 30 feet of dwelling-houses in rural areas and 50 feet in urban areas. Careful consideration has been given to these representations, both from the point of view of hygienic conditions and also of the claims and possible difficulties of the pig-breeding industry, and it has been decided that, while the matter is one for local authorities in the first instance, any proposed byelaw prescribing a less distance than 50 feet in rural areas could not receive confirmation. Where any byelaws are submitted prescribing a greater distance than 50 feet, it is not proposed to make representations to the local authority to reduce the distance unless that distance is considered unreasonably great, having regard to local circumstances.

10. Sanitary Condition of Fishworkers' Huts.-During the months June to August, some 2,000 workers (of whom 80 per cent. are women) are engaged in the herring-curing industry at Lerwick in the Shetland Isles. As the available lodging accommodation in the district is totally inadequate for the needs of this influx of population, housing accommodation is provided in wooden huts close to the respective fishing stations where curing is carried on. After consultation with the Fishery Board for Scotland, comprehensive byelaws framed under Section 83 of the

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