Dust Nuisance
It is an offence under the Environmental Protection Act 1990 (EPA) for industrial, trade or business premises to cause nuisance to the inhabitants of the neighbourhood by generating dust. In cases where the council has received complaints, or has reason to believe that dust may be generated and nuisance is likely to occur, an investigation will be undertaken by our officers and if nuisance is considered to be occurring due to activities on site an Abatement Notice is likely be served.
Dust from domestic premises is not covered by Statutory Nuisance Legislation.
Many industrial processes such as the crushing of stone requires an Environmental Permit to operate. Though these premises are exempt from nuisance legislation, if dust is leaving the boundary of the premises the conditions of the permit are likely to be breached. Details of the sites which hold environmental permits is available from the environmental permits public register page.
Dust at construction sites
Dust nuisance can be a major issue during construction and demolition work, resulting from activities such as excavation, burning, blasting and, in particular, vehicles using haul roads.
Methods to reduce the risk of causing dust nuisance include the following:
- installation of wheel washing facilities at site entrances/exits
- water spraying of haul roads and stockpiles
- reduction of speeds on haul roads
- seeding stockpiles for long-term cover
- seeding stockpiles with bonding agents
- sheeting of vehicles
- using sealed or sheeted containers/skips for waste materials
- erecting barriers or sheeting around works
- use of chutes to move materials
- fitting and maintaining of grit and dust arrestment plant
Making a Complaint
If you are suffering from a dust nuisance caused by another person's activities we may be able to help. We would have to prove that a Statutory Nuisance was being caused to take formal action, and in most cases we would speak to the person generating the dust prior to the consideration of any formal action.
