Air Pollution & Smoke Nuisance

Smoke Control Areas

Section 18 of The Clean Air Act 1993 allows a Local Authority to declare the whole or part of its area a Smoke Control Area by making a Smoke Control Order. Once a Smoke Control Area has been established it is an offence for the occupier of a premises, including domestic dwellings, to allow smoke emission from a chimney. This means that use of only an "authorised fuel" which is smokeless (subject to exemptions) or fuel such as coal oil or wood can only used on an exempted fireplace that can burn such fuels without producing smoke.

It is also an offence for a person to sell, within a Smoke Control area, a fuel that is not authorised, unless the premises or fireplace where it is intended for use is exempted.

Approximately 50% of North Lanarkshire has restrictions on domestic coal consumption through designated Smoke Control Areas. Prior to reorganisation of local government in 1996 Monklands District Council had designated the entire Monklands area, Motherwell, Cumbernauld and Kilsyth District Councils had designated small areas and no part of the former Strathkelvin District Council area was designated for Smoke Control purposes.

Cable Burning

It is an offence under section 33 of the Clean Air Act to burn cable for the purpose of recovering metal unless it is carried out as a controlled process authorised by the Scottish Environment Protection Agency.

Where an officer from the Council's Pollution Control Section witnesses that a person is carrying out unauthorised burning of such material then formal action will be taken that may result in prosecution.

Dark Smoke

It is an offence under section 2 of the Clean Air Act to cause or permit the emission of dark smoke from industrial or trade premises.

In this case it is not always necessary for the officers to have witnessed black smoke being produced. For example if a report is received of black smoke coming from a premises or site. The officer only has to see the remains of the substance that produced the smoke whilst it was burning eg charred tyre remains or burned out car. If it is clear that the burned remnants were produced by the occupier of the site then the officer may take formal action with a view to prosecution. This could result in a fine of up to £20,000

Smoke nuisance

Sections 79-82 of the Environmental Protection Act 1990 make it an offence to allow smoke from bonfires to cause Nuisance. Where Officers of this Department have received a complaint and witnessed the nuisance occurring Section 80 of the Act gives them powers to serve an abatement notice on the person responsible for the fire  prohibiting them from lighting further fires in such a manner as to cause a nuisance. Once it has been served it is an offence to breach the terms of the notice. This may lead to legal proceedings and subsequent penalties including fines and a possible custodial sentence for the offender.

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