Pollution control - clean air act approval
The Clean Air Act, 1993, introduced a wide range of new
regulations such as those which control smoke emissions and the
height of chimneys.
The control of chimney heights enables local authorities to take
into account a number of relevant factors in determining the height
of a chimney.
Under section 14 of the Act, unless the height of the chimney
has been approved by the local authority and any conditions
attached to approval adhered to, it is an offence to cause to cause
or knowingly permit a furnace to be used to:
- Burn pulverised fuel
- Burn at a rate of 45.4 kg or more an hour any other solid
matter or
- Burn at a rate equivalent to 366.4 kW or more any liquid or
gaseous matter
An application for chimney height approval must contain adequate
information to enable the necessary calculations to be carried
out.
The local authority must consider an application for approval
for chimney height for a furnace and give a written decision within
28 days of receipt, unless it is agreed in writing between us and
the applicant that a longer period is allowed. If we fail to deal
with the application within this time period, then approval without
qualification is given.
For further information write to:
Maidstone Borough Council
Environmental Health
Maidstone House
Maidstone
Kent ME15 6JQ
Telephone: 01622 602000
Email: customerservices@maidstone.gov.uk
Smoke offences and nuisance
Where legal standards of emission are prescribed for smoke, they
refer to "dark" and "black smoke"
Dark smoke is defined by reference to a shade on the British
Standard Ringelmann Chart and means smoke which if compared ...
with the Ringelmann Chart would appear to be as dark or darker than
shade 2 on the chart.
Black smoke means smoke which, if compared ... with the
Ringelmann Chart, would appear to be as dark, or darker than shade
4 on the chart.
Although legislation defines dark and black smoke by reference
to colour shade on the Ringelmann Chart, the use of the Chart is
not compulsory.
Under the Clean Air Act 1993 it is an offence to emit dark
smoke from a chimney of any building; it also applies to chimneys
not attached to a building serving furnaces of fixed boilers or
industrial plant, and could include incinerators and
crematoria.
Under the Environmental Protection Act 1990 and subject to
certain exemptions, it is also an offence to cause or permit the
emission of dark smoke from industrial or trade premises (as
distinct from chimneys). This section of the Act is concerned
mainly with preventing excessive smoke emissions caused by the
indiscriminate burning of industrial or trade refuse in the open;
it also covers dark smoke emissions from industrial processes
without a chimney.
Smoke emissions from incinerators must be no darker than Shade 2
on the Ringelmann Chart. In smoke control areas, unless special
exemption has been made, it is an offence to emit smoke.
Bonfires
Air pollution
Burning garden waste produces smoke, especially if it is damp
and smouldering. This will contain pollutants including carbon
monoxide, dioxins and particles. Burning plastic, rubber or painted
materials not only creates an unpleasant smell but also produces a
range of poisonous compounds. Your bonfire will also add to the
general background level of air pollution. Air pollution in the UK
often reaches unhealthy levels - do you really want to make it
worse?
There are scientific studies which show that burning domestic
waste can rival emissions from municipal waste
incinerators: One such study claims that a family
of four burning typical domestic waste in their backyard can put as
much dioxin and furan into the air as a well-controlled municipal
waste incinerator serving tens of thousands of
households.
Health effects
Emissions from bonfires can have damaging health effects.
Serious harm is unlikely if exposure to bonfire smoke is brief.
However, problems may be caused for asthmatics, bronchitis
sufferers, people with heart conditions and children.
Annoyance
The smoke, smuts and smell from bonfires are the subject of many
complaints to local authorities. Smoke prevents your neighbours
from enjoying their gardens, opening windows or hanging out
washing, and reduces visibility in the neighbourhood and on roads.
Allotments near homes can cause particular problems, if plot
holders persistently burn waste.
Safety
Fire can spread to fences or buildings and scorch trees and
plants. Exploding bottles and cans are a hazard when rubbish is
burned. Piles of garden waste are often used as a refuge by
animals, so look out for hibernating wildlife and sleeping
pets.
Alternatives to bonfires
Composting
Rather than burning garden waste or putting food waste in the
dustbin where it will end up buried or incinerated, a compost bin
will produce a useful soil conditioner, saving money on commercial
products. Woody waste can be shredded to make it suitable for
composting or mulching; you can buy or hire shredders and some
allotment societies have their own. If using a shredder, be
considerate - they can be very noisy. Take care not to replace one
nuisance with another.
Recycling
Household waste should certainly not be burned on a bonfire.
Garden waste should not be mixed with other household waste. Old
beds and sofas are not suitable for burning - but
some voluntary groups collect old furniture for repair and
re-use.
Bonfires and the law
It is a common misconception that there are specific byelaws
that prohibit garden bonfires or specify times they can be lit -
there aren't.
Very occasionally a bonfire is the best practicable way to
dispose of garden waste that cannot be composted - such as diseased
plant material or tough wooden waste. If only dry garden waste is
burnt the occasional bonfire should not cause a major problem.
However, where a neighbour is causing a problem by burning
rubbish the law is on your side. Under the Environmental Protection
Act (EPA) 1990, a statutory nuisance includes - smoke, fumes or
gases emitted from premises so as to be prejudicial to health or a
nuisance. In practice, to be considered a statutory nuisance, a
bonfire would have to be a persistent problem, interfering
substantially with your well being, comfort or enjoyment of your
property. If a bonfire of industrial/commercial waste is emitting
black smoke it is dealt with under the Clean Air Act 1993.
If bothered by smoke: Approach your neighbour and explain the
problem. You might feel awkward, but they may not be aware of the
distress they are causing and it will hopefully make them more
considerate in the future. If you find it difficult to approach
your neighbours you may wish to contact Maidstone Mediation.
If this fails, contact your Environmental Enforcement
Section on 01622 602202. They must investigate your complaint
and can issue a nuisance abatement notice under the EPA. The Act
also allows you to take private action in the magistrates'
court.
If the fire is only occasional, it is difficult to prove a
nuisance in law. Similarly, if you are being troubled by bonfires
from different neighbours, each only burning occasionally, a
nuisance action would be difficult as there are several offenders.
In this situation encourage them to consider the alternatives -
give them a copy of this web page.
Under the Highways Act 1980 anyone lighting a fire and allowing
smoke to drift across a road faces a fine if it endangers traffic.
Contact the police in this case.
Barbeques
Barbeques can also cause a smoke problem - especially if you use
lighter fuel. If the weather is still and sunny, a barbeque will
contribute to photochemical smog (this is formed in the summer, by
the action of sunlight on pollutants). Again, be considerate. If
you are having a barbeque - tell your neighbours. Don't ignite it
when they've got their washing out, and if it's windy check that
smoke won't blow straight into neighbouring properties. When
bonfires are are permitted
A bonfire can be a convenient way of getting rid of a large
amount of waste, or perhaps you want a bonfire just for fun on Guy
Fawkes night for instance. If a bonfire is the most practicable and
environmentally friendly way to dispose of dry garden waste (for
example, diseased plant material that cannot be composted) warn
your neighbours they are much less likely to complain. Remember
that bonfire and barbeque parties can cause noise as well as
smoke.
Bonfire guidelines
If a bonfire is the best practicable option for disposing of
garden waste, follow these guidelines and the chances are you won't
annoy your neighbours or cause a serious nuisance.
- Only burn dry material
- Never burn household rubbish, rubber tyres, or anything
containing plastic, foam or paint
- Never use old engine oil, meths or petrol to light the fire or
to encourage it
- Avoid lighting a fire in unsuitable weather conditions - smoke
hangs in the air on damp, still days and in the evening. If it is
windy, smoke may be blown into neighbours' gardens and across
roads
- Avoid burning when air pollution in your area is high or very
high. This information is included in weather forecasts, or you can
check by ringing 0800 556677
- Never leave the fire unattended or leave it to smoulder - douse
it with water if necessary.
Fireworks
In response to public concern about the use of fireworks,
particularly with regard to their anti-social use, the Government
supported a Private Members Bill which was passed by Parliament in
September 2003. The Fireworks Act 2003 enables the Secretary of
State to make regulations to control the importation, supply,
possession and use of fireworks.
Since the passing of this legislation, the Government has
introduced a package of new measures under both the Fireworks Act
2003 and the Consumer Protection Act 1987.
The Firework Regulations 2004 are enforced by the police and not
the Council
Further information visit the Department
for Business, Innovation and Skills website.