Smoke
Nuisance smoke is regulated by the
Environmental Protection Group under the Environmental Protection
Act 1990.
Dark smoke is also regulated by this Group, under the
Clean Air Act 1993.
Definition: Smoke as dark as or darker than
shade 2 on the British Standard Ringelmann Chart.
Section 1 of the Clean Air Act 1993
Prohibition of Dark Smoke from
Chimneys
Subject to exemptions, this section prohibits the emission of
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.
Section 2 of the Clean Air Act
1993
Prohibition of Dark Smoke from Industrial or Trade
Premises
Subject to certain exemptions, it is an offence to cause or
permit the emission of dark smoke from industrial or trade premises
(as distinct from chimneys).
Unless the contrary is proved, an emission of dark smoke is
deemed to have taken place if evidence of material having
been burned on those premises is found in circumstances where
the burning would be likely to give rise to the emission of dark
smoke. This can therefore include night-time burning by removing
the necessity for a local authority to actually witness
the dark smoke being emitted.
Materials which should never be burnt include cables, tyres,
polystyrene, treated or laminated timber or board, MDF, plastic
sheeting and silage wrap, mattresses etc.
"Industrial or trade premises" means premises normally used
for industrial or trade purposes, or premises not normally so used,
but which, at the time of the offence, were being used for
industrial or trade burning, such as demolition sites.
For the purposes of this section, land being used for commercial
agriculture or horticulture constitutes trade premises (Code of
Good Agricultural Practice for the Protection of Air, MAFF,
1998). So, for example, emitting dark smoke from the burning
of tyres or silage wrap on a commercial farm could be an
offence.
Section 4 of the Clean Air Act 1993
Installation of Furnaces
Before installing a furnace (except a domestic furnace) in a
building or a fixed boiler, the local authority must be
informed. These must be capable of being operated
continuously without emitting smoke when burning the fuel for which
the furnace was designed. You should contact the
Environmental Protection Group prior to
installation.
Section 14 of the Clean Air Act 1993
The Control of Chimney Height
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 any other solid matter at a rate of 45.4 kg or more an hour;
or
·
burn at a rate equivalent to 366.4 kW or more any liquid or gaseous
matter.
An application for chimney
height approval must be made to, and approved by, the
Council.
The local authority must consider an application for approval
for chimney height for a furnace and give a written decision within
4 weeks of receipt, unless it is agreed in writing between the
Council and the applicant that a longer period is allowed. If
we fail to deal with the application within this time period, then
approval is given without qualification.
Section 18 of the Clean Air Act
1993
Creation of Smoke Control Areas
This section allows a
Local Authority to declare part of the whole of it's district as a
smoke control area by making a "Smoke Control Order". This
prohibits the emission of smoke and restricts the use of certain
fuels and applicances within that area.
There are no smoke control areas in South
Lakeland.