An industrial premises is regularly burning material. Does the Environmental & Consumer Protection Service have powers to prevent this occurring?
Section 33 of the Environmental Protection Act 1990 prohibits the unlicensed management or deposit of waste. Burning of waste contravenes this section. Responsibility for enforcing this section lies with Scottish Environment Protection Agency (SEPA) who will investigate any complaints. In terms of the Clean Air Act 1993 it is unlawful to emit dark smoke from any industrial or trade premises unless the burning is part of a process authorised by the Environmental Protection Act 1990. The Environmental & Consumer Protection Service are responsible for investigating dark smoke complaints.
