Business owners have been warned that they will face prosecution for the illegal burning of waste after a court case saw one offender brought to justice.
Boyd Batchelor, from Harrogate, pleaded guilty after he was charged under the Clean Air Act of 1993 when dark smoke was spotted from the illegal burning of waste.
In May last year, an environmental health officer from North Yorkshire Council witnessed the dark smoke billowing from a premises on land to the rear of Eubank Field, near Knaresborough. It was later established that the smoke was coming from a fire on land used by Tillage Nurseries based on Farnham Lane in Knaresborough.
Under section two of the Clean Air Act of 1993, it is illegal to emit dark smoke from the burning of waste from an industrial or trade premises. Anyone found guilty of an offence can face a fine of up to £20,000.
Businesses have a legal responsibility to dispose of their waste in a safe and lawful manner. This includes ensuring that waste is stored, transported, and disposed of without harming the environment or human health.
North Yorkshire Council’s executive member for environment, Cllr Richard Foster, said:
Burning waste not only breaks the law, it also creates harmful smoke that affects the health and wellbeing of nearby communities.
Despite clear warnings, the activity continued, leaving the council with no choice but to take enforcement action. We hope this case serves as a reminder that businesses must follow the rules and manage their waste responsibly.
Batchelor failed to respond to requests to explain why dark smoke was coming from his premises, so North Yorkshire Council instigated court proceedings.
At York Magistrates Court on Thursday last week (January 22), Batchelor maintained that he had not started the fire himself and that at the time he was not aware of it, stating that it had been started by an employee.
Batchelor said he was very sorry for the inconvenience caused, and he accepted that he did not have permission to burn waste.
In passing sentence, the chair of the bench thanked Batchelor for his early guilty plea. But, while there is no guideline for this particular offence, the chair stated that this was reckless behaviour, and that Batchelor had not provided enough training or warnings.
Mr Batchelor was fined £1,730, which was reduced to £1,153 to take into account his guilty plea. He was also ordered to pay £461 in a statutory surcharge and a £500 contribution towards the prosecution costs of the legal action.
