Pollution control

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Chimney height approval

The Clean Air Act 1993, introduced a wide range of regulations such as those which control smoke emissions and the height of chimneys, and those relating to the content and composition of motor fuels. The control of chimney heights enables local authorities to take into account a number of relevant factors in determining the height of a chimney. Under section 14 of the Act, unless the height of the chimney has been approved by the local authority and any conditions attached to approval adhered to, it is an offence to cause to cause or knowingly permit a furnace to be used to:

  • burn pulverised fuel
  • burn at a rate of 45.4 kg or more an hour any other solid matter or
  • burn at a rate equivalent to 366.4 kW or more any liquid or gaseous matter.

An application for chimney height approval must contain adequate information to enable the necessary calculations on air quality impact to be carried out. For more information/advice contact the council.

Waste exemptions

Local authorities are responsible for registering two types of exempt waste operations and these are T3 and T7 activities. All others are dealt with by the Environment Agency.

T3 activities are the treatment of waste metals for the purposes of removing grease, oil and any non-metallic contaminant by heating in an appliance. To qualify as a T3 exempt waste operation the activity must also meet the following criteria:

  •  The total quantity of waste stored at any one time must not exceed 10 tonnes
  •  The waste must be stored in a secure location with sealed drainage
  •  The appliance (or aggregate of all appliances used together) must be less than 0.2 megawatts net rated thermal input
  •  Must not be used for the removal of plastic and rubber from scrap cable or any asbestos contaminant

T7 activities are the crushing, grinding or other size reduction of waste bricks, tiles or concrete typically using small-scale/micro crushers and can include some mobile plant. If you operate mobile plant then your principal place of business must be within the North Kesteven District Council area, otherwise you should contact your home local authority. If your principal place of business is outside of the United Kingdom then we can still register your exemption if the activity is to be carried out within our district.

To qualify as a T7 exempt waste operation the activity must also meet the following criteria:

  • The total quantity of waste treated over any period of 1 hour should not exceed 20 tonnes
  •  The total quantity of waste stored at any one time must not exceed 200 tonnes
  •  The waste must be stored in a secure location prior to treatment
  •  Must not release into air certain substance (defined in paragraph 6(3) of Part I of Schedule 1 of the Environmental Permitting (England and Wales) Regulations 2010 except in quantities which are so trivial that it is incapable of causing pollution or its capacity to cause pollution is insignificant

If you carry out either of the above activities and meet the specified criteria above then you are eligible to apply to register for an exemption by filling out an Exempt Waste Operations application form on the downloads tab. There is no cost to register an exempt process and the registration of exemption lasts for three years and then must be renewed. You can apply to renew registration anytime during the final month of active registration.

However, if you cannot meet the specific criteria then it is likely that a full permit under the Environmental Permitting Regulations is required. 

Further information on exemptions can be found in the Department for Environment, Food and Rural Affairs (DEFRA) guidance document Environmental Permitting Guidance - Exempt Waste Operations.