Odour, dust and smoke nuisances
Odour, dust or smoke from your business activities could be considered a nuisance. If you fail to deal with a nuisance problem you could face legal action and a fine. Your local council could restrict or stop your business activities. You should find ways to limit the amount of odour, dust and smoke you create to avoid causing a nuisance.
What you must do
Noise conditions for authorised businesses
If your business has an authorisation such as:
- a PPC permit, a waste management licence (WML) or a waste exemption, in Northern Ireland
- an EASR authorisation, in Scotland
This may include conditions that control emissions, such as:
- noise,
- dust, or
- odour
You must comply with all of the conditions in your authorisation. If you don't comply, your environmental regulator, or in Northern Ireland your district council, can take enforcement action against you, such as issuing you with an enforcement notice or a suspension notice for breach of a condition.
In Scotland, local authorities have no powers to deal with noise, dust or odour nuisances from businesses with an authorisation. It is SEPA that deals with these nuisances.
See our guideline: Authorisations - an overview.
Avoid odour nuisances
Certain odours can be considered a nuisance. To determine whether an odour is a statutory nuisance, or whether it is in breach of permit or licence conditions or your registered waste exemption, an environmental health officer from your local council, or NIEA or SEPA officer will assess:
- its intensity
- its character - easily recognised odours are often a greater nuisance
- its source and the prevailing weather conditions, eg wind direction and speed
- the time and duration of its release
- its intensity of effect - how annoying, intrusive or offensive it is
- whether the odour would be expected in that location
- what measures are required to stop the cause of the nuisance.
Assess whether odours are likely to be emitted from your site and the most likely sources, and put appropriate control measures in place. Make this a part of your routine site inspections.
Control or stop the odour at its source. You should be able to demonstrate that you follow good practice in your operations and that you have used the most effective means to prevent an odour nuisance.
Avoid dust and smoke nuisances
Do not use bonfires to burn waste - you could be committing an offence. Instead find ways to reuse, recover, recycle or correctly dispose of your waste.
Reduce, reuse and recycle your business waste
If you must burn waste, follow legal requirements to avoid committing an offence. See our guideline: Burning waste - your environmental responsibilities
Keep equipment that reduces dust and smoke emissions, such as filters and cyclones, in good working order. Make sure that where dust is collected it is emptied on a frequent basis and disposed of correctly.
Make sure boilers, especially oil or solid fuel units, are operating efficiently and do not emit excessive smoke.
See our guideline: Preventing air pollution.
You can plant shrubs and trees in belts around the edge of your premises to help screen out dust and smoke pollution, but this should not be used in place of suitable process control or specialised equipment.
Further information
DAERA: Air pollution and smoke control
Institute of Air Quality Management: Air quality guidance
Scottish Government: Statutory nuisance