Amber Valley Borough Council has a
number of roles and responsibilities for air quality including:
Local Air Quality Management
Since 1997 local authorities in the
UK have been carrying out a review and assessment of air quality in
their area. The aim of the review is to assist authorities in
carrying out their statutory duty to work towards meeting the
national air quality objectives. If a local authority finds any
places where the objectives are not likely to be achieved, it must
declare an Air Quality Management Area there. Click
here to see our Air Quality Reports.
Air Quality Forecasts for the East
Midlands can be found at: http://www.airquality.co.uk/uk_forecasting/apfuk_home.php?zone_id=12
Smoke Control Areas
Section 18 of The Clean Air Act
1993 allows a local authority to declare the whole or part of its
area a Smoke Control Area by making a Smoke Control Order. Once a
Smoke Control Area has been established it is an offence for the
occupier of a premises, including domestic dwellings, to allow
smoke emission from a chimney. This means that use of only an
"authorised fuel" which is smokeless (subject to exemptions) or
fuel such as coal oil or wood can only used on an exempted
fireplace that can burn such fuels without producing smoke.
It is also an offence for a person
to sell, within a Smoke Control Area, a fuel that is not
authorised, unless the premises or fireplace where it is intended
for use is exempted.
Click Here to find Smoke Control
Areas for Amber Valley.
It is an offence under Section 2 of
the Clean Air Act to cause or permit the emission of dark smoke
from industrial or trade premises.
In this case it is not always
necessary for the officers to have witnessed black smoke being
produced. For example, if a report is received of black smoke
coming from a premises or site the officer only has to see the
remains of the substance that produced the smoke whilst it was
burning, such as charred tyre remains or a burned out car. If it is
clear that the burned remnants were produced by the occupier of the
site then the officer may take formal action with a view to
prosecution. This could result in a fine of up to £20,000.
Sections 79-82 of the Environmental
Protection Act 1990 make it an offence to allow smoke from bonfires
to cause nuisance. Where Council Officers have received a complaint
and witnessed the nuisance occurring, Section 80 of the Act gives
them powers to serve an abatement notice on the person responsible
for the fire prohibiting them from lighting further fires in such a
manner as to cause a nuisance. Once it has been served it is an
offence to breach the terms of the notice. This may lead to legal
proceedings and subsequent penalties including fines and a possible
custodial sentence for the offender.
In 2012, we dealt with
105 complaints about smoke nuisance and
19 complaints about dark smoke.
Last updated: September