Burning of Waste
The burning of waste from construction sites does not accord with the councils Air Quality Action Plan and general policy, or meet the obligations of businesses in respect of the general requirements of the Clean air act 1993, Environmental Protection Act 1990’
It is an offence under Section II of the Clean Air Act 1993 to burn anything on an industrial or trade premises which is likely to cause dark smoke. A person found guilty under this section can be liable to a fine on summary conviction.
In addition, under the Environmental Protection Act 1990, Part III, nuisance legislation applies where a nuisance is defined as something which unreasonably interferes with someone else’s enjoyment of their home or garden. If we confirm that a nuisance does exist, we are able to serve a legal document called an Abatement Notice on the person responsible, requiring that the nuisance is stopped. If the Abatement Notice is ignored, then any further nuisance will be an offence which, on conviction in the magistrate’s Court, could result in an unlimited fine.
The Environment Agency also have powers to deal with the burning of waste on trade premises. Under Part II of the Environmental Protection Act 1990, you have a duty of care concerning the disposal of trade waste. Section 33 of this Act states that a person shall not dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health. Any burning of waste is therefore an offence under this legislation.
Exemptions from the Environment Agency powers relate to the burning of wood, bark and plant material at the site of production provided fires do not cause persistent problems to neighbours. These fires still have to be registered with the Environment Agency and it is an offence not to do so.
Action can still be taken by the Council under the Clean Air Act or Nuisance legislation.
Accidents Caused by Smoke
- If you see smoke drifting across the highway and it either causes an accident or is likely to, you should report this to the police as it is an offence.
- Those responsible may also face private action for damages by people who suffer loss or harm due to this.
Burning Cable for Metal
- If you burn cable to recover the metal core, this is a specific offence. You can only do this on premises authorised for those purposes.
Please see the links below for more information.
Page last updated: 30/10/2019