Commercial pollution complaints

Commercial bonfires, smoke and burning

Commercial bonfires

A ‘commercial bonfire’ is a term we use to describe a bonfire taking place on the site of a commercial premises or the burning of trade waste.

Under sections 33 and 34 of The Environmental Protection Act 1990 all businesses have a duty of care to ensure that their waste is disposed of correctly and must be collected by registered waste carriers.

The maximum fine for failing to comply with this duty of care is £5000.

It is also an offence to store or dispose of waste (including burning) trade waste without an Environmental Permit or registered exemption or in a manner likely to cause pollution of the environment or harm to human health.

This type of offence can be dealt with by us.

Action can be taken by us under Section 79 and 80 of the Environmental Protection Act 1990 where smoke from bonfires is deemed to be a statutory nuisance. The smoke does not have to be dark but in practice to establish a statutory nuisance a bonfire would have to be interfering substantially with your well being, comfort or enjoyment of your property.

A person who burns casing and/or insulation from a cable with a view to recovering the metal core(s) is guilty of an offence under section 33 of the Clean Air Act 1993. Maximum penalties of £5000 apply upon conviction.

Report a commercial bonfire

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Email: pollution@centralbedfordshire.gov.uk

Dark smoke emission

The emission of dark smoke from bonfires burning at industrial or trade premises is prohibited under The Clean Air Act 1993 but there are some exceptional circumstances that can apply to some limited situations.

This is a separate offence from the waste disposal and nuisance laws described above and a person found guilty of an offence may be fined up to £20,000.

Emissions from Commercial chimneys

Smoke emissions from flues, stacks or Chimneys are controlled by The Clean Air Act 1993, The Environmental Protection Act 1990 and The Environmental Permitting (England and Wales Regulations 2010 (as amended).

Burning casing or insulation

A person who burns casing and/or insulation from a cable with a view to recovering the metal core(s) is guilty of an offence under section 33 of the Clean Air Act 1993. Maximum penalties of £5000 apply upon conviction.