Burning commercial waste

Businesses should not burn any trade or commercial waste that produces dark smoke. This includes waste from: 

• shops 
• offices 
• construction/demolition sites 
• any other trade/business including those run from home, or trade waste brought back to the home to be disposed of  

Businesses have a duty of care under the Environmental Protection Act 1990 to ensure that their waste is stored, collected, transported and disposed or recycled properly so that it does not cause pollution to the environment or harm human health.  

To dispose of waste legally you must: 

• keep your waste safe and secure so it does not leak or blow away 
• ensure the waste goes to a waste disposal site licensed by the Environment Agency (EA) 

If you give the waste to someone else ask them to provide evidence that they are authorised by the EA to carry waste. If they can’t do this, do not give them your waste and call the EA on 03708 506 506.

Breaking the law

There are many laws governing commercial waste. If these laws are broken they can lead to criminal prosecution and hefty fines - burning trade waste carries a fine of £50,000. Further offences exist where it is found that the burning of the cable has taken place for the purpose of recovering the metal. 

The Police can also prosecute anyone who allows smoke to drift across a road and cause danger to road users under the Highway Act 1980. You could face a fine of up to £5,000. If you witness smoke drifting across a road please report the incident directly to the Police.

Agricultural waste

It is a criminal offence to burn agriculture waste including: 

• empty pesticide containers 
• old silage wrap 
• used tyres 
• wood and vegetation 

Some exemptions do apply for wood and plant matter such as hedge trimmings, logs and branches. Before these wastes are burnt, you must first register for an exemption from environmental permitting with the EA. 

Additional restrictions apply to burning stubble and crop residues.

Disposing of commercial waste

We accept certain types of commercial waste at most of our household waste recycling centres. Visit our commercial waste disposal and charges page for further information.  

Alternatively, you can find your nearest business waste site or contractors who can collect or recycle your waste by searching the public register. 

Planning permission/demolition orders

These may enforce controls over site clearance or development to offer additional protection to local residents.  

Report a business burning waste

If there is a fire you must call the Fire Service immediately on 999. 

Smoke/odour that affects the use and enjoyment of a property, such as not being able to sit in the garden or put washing out, on a regular basis or is excessive in nature, may cause a statutory nuisance.  

We have a duty to investigate complaints and if a statutory nuisance is found we will serve an abatement notice that requires the smoke or odour to stop. Failure to comply with the notice could lead to prosecution and a fine of up to £20,000. 

If you are affected by smoke or odour: 

• first approach the business causing the nuisance and politely make them aware of the issue 
• if speaking directly to the business does not help you can report the business to us