Environmental Health procedures on report of burning by household in close proximity to others.

Ann Williams made this Freedom of Information request to Dumfries and Galloway Council

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Dear Dumfries and Galloway Council,

Please provide information on the procedures in operation by the Environmental Health Department as follows:

When someone reports problems from someone in a residential property burning household waste in an incinerator, plus a patio heater being alight, both for hours at a time and daily, what is the official procedure for investigating this?

Is there any specified time scale for visiting, viewing and taking action?

What are the council guidelines for burning in such a manner when the incinerator and patio heater are in close proximity to neighbouring properties?

In the event the perpetrator is advised not to burn in this manner, then continues to do so, what action would be taken?

It has been established the perpetrator is burning household waste, which is illegal according to the Gov Uk website, what action would the Environmental health Department take regarding this?

The burning results in profuse smoke and fumes which are having a severe, adverse, effect on health is there any specific procedure to expedite action in these circumstances?

Yours faithfully,

Ann Williams

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

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FOI Unit
Dumfries and Galloway Council

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1 Attachment

Please find below the Council's response to your request 259533 which was received on 06/06/2017.

Details of request: Please provide information on the procedures in operation by the Environmental Health Department as follows:

When someone reports problems from someone in a residential property burning household waste in an incinerator, plus a patio heater being alight, both for hours at a time and daily, what is the official procedure for investigating this?

Is there any specified time scale for visiting, viewing and taking action?

What are the council guidelines for burning in such a manner when the incinerator and patio heater are in close proximity to neighbouring properties?

In the event the perpetrator is advised not to burn in this manner, then continues to do so, what action would be taken?

It has been established the perpetrator is burning household waste, which is illegal according to the Gov Uk website, what action would the Environmental health Department take regarding this?

The burning results in profuse smoke and fumes which are having a severe, adverse, effect on health is there any specific procedure to expedite action in these circumstances?

Response:

- When someone reports problems from someone in a residential property burning household waste in an incinerator, plus a patio heater being alight, both for hours at a time and daily, what is the official procedure for investigating this?

There is no official procedure specifically covering a report of such a problem. However, please see attached extract from a related procedure on bonfires. (note - references to 'Council house gardens' are no longer applicable as the Council transferred its housing stock to a social landlord some years ago).

- Is there any specified time scale for visiting, viewing and taking action?

There is no specified time for visiting, viewing and taking action but our target time for responding to such a report is within two working days.

- What are the council guidelines for burning in such a manner when the incinerator and patio heater are in close proximity to neighbouring properties?

The Environmental Health Service advise that there are no specific guidelines covering this.

- In the event the perpetrator is advised not to burn in this manner, then continues to do so, what action would be taken?

If the burning constituted a statutory nuisance, an abatement notice could be served and if the notice was not complied with a report could be sent to the Procurator Fiscal.

- It has been established the perpetrator is burning household waste, which is illegal according to the Gov Uk website, what action would the Environmental health Department take regarding this?

Please see attached extract from the procedure on bonfires.

- The burning results in profuse smoke and fumes which are having a severe, adverse, effect on health is there any specific procedure to expedite action in these circumstances?

Please see attached extract from the procedure on bonfires.

Please be aware that the Council holds the copyright, where applicable, for the information provided. This is subject to the material not being used in a misleading context. The source of the material must be acknowledged as Dumfries and Galloway Council and the title of the document must be included when being reproduced as part of another publication or service.

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Kind Regards

FOI Unit
Dumfries and Galloway Council

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