Bonfire & Smoke Nuisance

No they don't. There are many alternative and better methods of getting rid of garden and other waste. By far the most environmentally friendly option is composting. This is when organic matter is recycled into nutritious soil conditioner. The benefits of composting are numerous. As well as limiting the need to buy commercial fertilisers, composting can also help maintain your gardens natural bio-diversity and ecosystem. In addition, Cannock Chase Council offers a fornightly brown bin collection service, where you can dispose your garden waste

If you are determined to have a bonfire, here are a few guidelines to minimise the risk of it becoming a serious nuisance:

·Only burn dry material.

·Never burn anything containing rubber, plastic, foam, paint or household rubbish.

·Do not use flammable liquids such as oil or petrol to help start your fire.

·Avoid having a bonfire in unsuitable conditions; smoke will hang in the air in the evening and on damp still days. If the wind is in the wrong direction, smoke may blow onto roads or onto other people's property.

·Also do not leave it overnight as the smoke will not clear.
Let people enjoy their time off from work - do not burn at weekends or bank holidays.

Remember, bonfires are dangerous, never leave them unattended. Do not even leave them when they are smouldering - douse them with water if necessary.

If you own or operate a business you must ensure that you are fulfilling your ‘Duty of Care’ that you are disposing of your waste in the correct manner.

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 is dealt with by the Environment Agency and if you suspect that any business is burning or disposing of waste illegally please contact the Environment Agency’s incident hotline on 0800 807060. Further information can be found on the Environment Agency’s website.

A person responsible for lighting a fire which causes smoke to drift across a road faces a fine if it endangers traffic under the Highways (Amendment) Act 1986, section 161A. Please contact the Police, who are responsible for enforcing this legislation, if these circumstances arise.

Action can be taken by Cannock Chase District Council 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 and occurring on a regular basis.

The emission of dark smoke from 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. 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).

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.