Bonfires and smoke

The burning of waste is not an acceptable or safe way of disposal.

As well as being a health hazard and harmful to the environment, it is a nuisance which may result in criminal prosecution and substantial fines.

Although bonfires are not banned they should be avoided as the ash, smoke and odour they produce are common causes of complaints.

Air pollution

Burning plastics, rubber or treated wood produces a range of poisonous compounds. This can have a damaging effect on people’s health, especially for those who suffer from respiratory problems such as asthma and heart conditions. Even if the immediate health risk is small, your bonfire will be adding to the general background level of air pollution.

Smoke nuisance

It is an offence under the Environmental Protection Act 1990 to cause a statutory smoke nuisance. This can happen when the smoke or smell materially affects the use or enjoyment of neighbouring properties. If you cause a smoke nuisance the local authority may issue you with an Abatement Notice and you could be prosecuted if you do not comply.

Contaminated land and water

Burning waste in the open may release harmful gases, particulates and dust. Residues of harmful chemicals such as lead paints, tars and oils that remain in the ashes can be washed into the ground by rain. This may lead to contamination of the soil, groundwater and surface waters.

Garden waste

Garden waste bonfires are permitted providing only garden waste (wood, branches etc) is burnt and where it does not cause a nuisance to other people in the locality.

In some built up residential locations it may be difficult to burn material without affecting someone. In most circumstances it is generally better not to burn the garden waste but to dispose of it in your green recycling bin or by taking it to the local waste recycling centre.

Agricultural waste

It is a criminal offence to burn agricultural waste. This includes empty pesticide containers, old silage wrap and used tyres. Some exemptions do apply for wood and plant matter but before these wastes are burnt, you must first register for an exemption with the Environment Agency. Additional restrictions apply to burning stubble and crop residues. Under environmental law, farming businesses are required to hold a waste collection contract with a licensed waste management business.

Farm owners who want to take care of their own waste management must hold the necessary permits, including a farm waste exemption license and a waste transportation licence.

Muck heaps

Horse manure from stables is officially classed as commercial waste and so the deliberate burning of muck heaps is a prosecutable offence. If you suspect that commercial stables are burning manure this should be reported to the Environment Agency on 0800 80 70 60.

We can investigate the nuisance element if it is bothering you in your home.

Business waste

For information regarding the disposal of business waste, please see our business waste page.

Alternatives to burning

Bonfires are often seen as an easy way of disposing of garden waste but they are not environmentally friendly. Alternatively:

the council provides a green bin collection service which allows you to dispose of garden waste without the need for burning
composting is a natural alternative to burning which reduces the amount of waste sent to landfill and is a cost effective way of improving your soil fertility - visit our composting web page for further advice
you should try and make full use of the household waste recycling sites. Details of the local facilities can be found on the Cambridgeshire County Council and Suffolk County Council websites

If you employ a person to remove your waste, you must check that the person or company has a waste carriage licence. You can check to see if the individual or company you wish to use is a registered waste carriage licence holder on the government’s website.

You are committing an offence and can be prosecuted if you give your waste to anyone who is not licensed to carry and dispose of controlled waste.

Advice if you are planning a bonfire

You should only have a fire when necessary. If you do have a bonfire there are things you can do to help you to avoid causing a nuisance:

Do:

make your neighbours aware that you intend to have a fire - this gives them the opportunity to close windows and take in washing
choose the location carefully - make sure it is away from trees, fences and buildings
think about the wind direction and where the smoke is likely to go
avoid lighting a fire during unsuitable weather conditions - smoke will hang in the air on damp still days but can blow across gardens and roads if it is too windy

Don’t:

burn damp garden waste as this will produce thick smoke
burn plastics, rubber, foam or car tyres, as this will produce toxic black smoke
burn pallets as these are often made from treated wood
allow the fire to smoulder overnight. Rake over the ashes to make sure it is fully extinguished

Making complaints about bonfires

If you are bothered by smoke or odour - first approach the business or neighbour and advise them of the problem. If this fails and you wish to make a complaint about a bonfire, please complete our report light, odour or smoke pollution form.

For more information, please contact the environmental health team on 01353 665555, or email ContactUs@eastcambs.gov.uk

Alternatively, you can contact the Environment Agency incident hotline 0800 807060

Bonfires and the law

Most bonfire problems are addressed under nuisance legislation. Under the Environmental Protection Act 1990 (EPA) it is an offence to cause a statutory nuisance. To be considered a statutory nuisance a bonfire would usually have to be a regular problem and interfering substantially with the wellbeing, comfort or enjoyment of your property.

If a bonfire of industrial or commercial waste is emitting black smoke it is dealt with under the Clean Air Act. Breaching legislation can result in large fines.

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