Biomass pollution fine

Nuisance boiler

A fruit and vegetable farmer has been ordered to pay £22,200 in fines, costs and compensation after it breached an abatement notice which demanded action to stop fumes emanating from its biomass fuelled boiler.

A W Duncombe & Son Ltd (A) was served with an abatement notice by South Northamptonshire Council under s.80Environmental Protection Act 1990 .

A pleaded guilty to breaching the notice. The Council’s environmental protection team had received complaints that the boiler was smoking and causing odours in December 2017, which is when the abatement notice was given, prohibiting the firm from causing further nuisance. However, more complaints were received, and on carrying out additional pollution tests in the area, the Council found the business had ignored the notice. A was fined £12,000 with £4,218 costs and £1,000 compensation to six people affected by the pollution.

What’s the deal with biomass boilers?

The non-domestic Renewable Heat Incentive, which encouraged a wider uptake of clean energy systems among small businesses, has seen more and more biomass boilers installed. As they burn wood rather than fossil fuels they emit fewer greenhouse gases. However, they do cause pollution by producing particulate matter and nitrogen dioxide which negatively affects air quality, so there are a number of regulations relating to installation. Building regulations for example, place requirements on the installation of solid fuel systems, including room ventilation, flue characteristics and a fireproof hearth.

BS EN 303-5:1999 , the British implementation of the European standard for solid fuel heating boilers up to 300kW, sets a number of requirements. These include a need for regular testing of performance, efficiency and emissions.

Tip. If you are investing in such technology you must identify any ongoing maintenance and controls that need to be in place. Consult with the supplier/installer as they will be able to provide guidance and management solutions.

Don’t be a nuisance

Biomass boilers are not exempt from being considered a nuisance under the Environmental Protection Act 1990 (England, Scotland and Wales). A nuisance is defined as any dust or effluvia from any business premises. This means smoke, fumes or gases emitted from a businesses premises that might be harmful to health or just considered a nuisance to local residents. To be classed as a nuisance, the offence has to cause material harm, be persistent or likely to reoccur.

Tip 1. Nuisance complaints are usually made by local residents. This is a good reason to always maintain good relations with your neighbours. That way, should a problem arise, they will confront you directly about it rather than report you to the local council.

Tip 2. It’s always best to deal with problems straightaway, rather than ignore them. The regulators will give you time to rectify a problem before formal enforcement action is taken.