The Clean Air Act 1993 makes it an offence to
emit dark smoke from any trade or industrial premises or to emit
dark smoke from the burning of trade or industrial waste.
Therefore, if you burn waste that has been produced from a trade or
industrial process in your back garden and this emits dark smoke
you can still be prosecuted under the Clean Air Act
The emission of dark smoke is a strict offence
and can be immediately prosecuted in the Magistrate's Court to a
maximum of £20,000 per offence.
The maximum penalty for causing Statutory Nuisance from a trade
premise is £20,000.
Waste produced during the course of normal business activity
should be disposed of in an appropriate manner. Disposal by burning
is not permissible and will be referred to the Environment Agency
for investigation under the Waste Management Licensing Regulations
1994 relating to the disposal of trade waste.
Information regarding waste licensing can be obtained from the
Environment Agency website at http://www.environment-agency.gov.uk/.
Section 34 of the Environmental Protection Act
1990 makes it an offence to dispose of waste that is not from your
property. So, if you were burning waste that has originated from
your neighbour's property or from a business then this is
If you spot dark smoke coming from a trade or
industrial premises (including farms) or you suspect someone is
burning trade or industrial waste and causing dark smoke please
contact the Environmental Heath Department on
01234 718099 immediately.