Burning waste on trade or industrial premises, construction / demolition sites, and scrap yards etc can be a particular nuisance and may even be an offence under the 'Duty of care' requirements within the Environmental Protection Act 1990, or the Waste Management Licensing regime controlled by the Scottish Environmental Protection Agency (SEPA).
For construction / demolition sites, there is an exemption from the usual waste management requirements which allows developers to 'burn untreated wood, bark and plant matter only, provided it does not cause pollution or a nuisance, and subject to certain other conditions'. Developers must apply to SEPA for such an exemption. Only waste from that site may be burned - they are not permitted to import waste from any other site for burning.
An offence may also be committed if ‘dark smoke' (as defined by the Clean Air Act 1993) is emitted from bonfires. Should you observe 'dark smoke' being emitted, you should contact Neighbourhood Services, details below, at the time as an officer may be available to witness the smoke and instigate appropriate action. You can also report smoke complaints by completing the online report form.
Under the Highways Act 1980 anyone lighting a fire and allowing smoke to drift across a road could face a fine if it endangers traffic. Please contact Police Scotland by telephone on 101 should this be of concern.
Tel: 01382 433710 Option 5