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Burning waste in the open can cause air, land and water pollution and so needs to be controlled to limit this risk. You should find alternative methods of waste management wherever possible.

Burning waste may release harmful gases, grit and dust. Residues of harmful chemicals such as lead paints, tars and oils that remain in the ashes can be washed into the ground by rain. This may lead to contamination of the soil, groundwater and surface waters.

Waste management licences for burning waste

If your business burns waste in the open, such as on a bonfire, you may need a waste management licence or a registered waste exemption. You must have the correct permissions before you burn waste and you must make sure that burning the waste does not create pollution or cause a nuisance.

In some cases, burning waste is forbidden. For example, you may not be allowed to burn waste in an area with poor air quality.

Burning waste plant tissue and untreated wood

You may qualify for a waste exemption from waste management licensing to burn certain waste plant tissue and untreated wood if you burn no more than 10 tonnes in a 24-hour period at the place where it was produced. You must register this paragraph 30 exemption with the Northern Ireland Environment Agency (NIEA). If you have an exemption, you must comply with the exemption conditions.

You must ensure that your activity does not:

• endanger human health or risk harm to water, air or soil
• risk harm to plants or animals
• cause a noise or odour nuisance
• adversely affect the countryside or places of special interest

.

Burning construction waste

You must not burn waste on a construction site unless you have a pollution prevention and control permit, waste management licence or a registered waste exemption that covers the activity.

Burning farm waste

You must not burn non-natural farm waste, such as plastic and tyres, in the open. You are no longer allowed to use a drum incinerator to burn agricultural or veterinary containers that are contaminated with pesticides or other toxic substances.

You can burn some waste, including plant tissue waste and untreated wood, in the open. However, you may need to register a paragraph 30 waste exemption for this activity with NIEA.

Burning straw or stubble in the open is strongly discouraged. If you have no other alternative then you will be allowed to burn straw or stubble only if you have registered an exemption with NIEA and follow Department of Agriculture, Environment and Rural Affairs (DAERA) guidelines.

Normally, you must not burn animal carcasses in the open. You can only burn carcasses if you have permission from DAERA. Permission may be granted in certain circumstances, such as when a disease outbreak occurs.

Dark smoke restrictions

You must not cause or allow emissions of dark smoke from your site.

There are some exemptions from this requirement, but only if your activities won't cause emissions that could damage health or cause a nuisance. Materials that are likely to emit dark smoke when burned include:

• tyres and other rubber-based products
• plastics such as polystyrene
• cable and wires with plastic insulation covering
• oils and paints

The Waste Incineration Directive (WID) is a European law which aims to prevent or limit the negative effects of waste incineration on the environment. If you burn solid or liquid waste then the WID is likely to apply to you.

The WID places strict conditions and minimum technical requirements on operators. If the WID applies to your plant you will need to have strict controls on your emissions.

Complying with the Waste Incineration Directive

The WID applies to the burning of waste in a technical unit - see controls on types of waste burning units.

If you burn waste that is subject to the WID, you must have a WID-compliant Part A pollution prevention and control (PPC) permit for your incinerator.

Your permit will list the types and quantities of waste that you are allowed to burn. It will also include operating conditions, emission limits and monitoring requirements. You must comply with the conditions of your permit.

Exclusions from the Waste Incineration Directive

The WID does not cover the following types of waste burning plant:

• Experimental plants used for research, development and testing. These are excluded only if they are used to improve the incineration process and burn less than 50 tonnes of waste per year. They are excluded because of the nature of the plant, not because of the types of waste they burn.
• Plants that burn only waste in gaseous form. However, if a pyrolysis or gasification plant treats solid or liquid waste to produce a gas which is subsequently burned, both the initial unit and the gas combustion unit will be covered by the WID.
• Plants that do not fit the definition of a technical unit.
• Plants that do not fit the definition of an incineration plant or a co-incineration plant - for instance, if the primary activity is cleaning or drying equipment which also happens to combust waste, but where any burning of waste is incidental. Examples include cleaning paint from paint jigs, drying swarf to make waste metal suitable for feeding into a furnace, and using afterburners in emission abatement from a plant which is not an incineration plant.

The WID does not apply if your installation burns only the following types of waste, either on their own or in combination with non-waste fuel:

• vegetable waste from agriculture and forestry
• vegetable waste from the food processing industry - if the heat generated is recovered
• fibrous vegetable waste from pulp making - if this happens on the site where the waste is generated and the heat generated is recovered
• wood waste - excluding wood waste which has been treated with wood preservatives or coatings
• cork waste
• radioactive waste
• animal carcasses

NIEA or your district council can give you guidance on whether your plant is an incineration plant or a co-incineration plant.

If you burn any other waste in combination with these excluded wastes, the WID will apply.

If you have an animal carcass incinerator you will require an authorisation issued under the Animal By-Products Regulations.

Even if your plant, activity or waste is excluded from the WID it may still require a PPC permit, waste management licence or a registered waste exemption.

You may need a permit from the Northern Ireland Environment Agency (NIEA) or your localcouncil if you burn waste as a fuel on your site to produce energy or steam in a generator, furnace or boiler.

The Waste Incineration Directive (WID) applies to the burning of waste in a technical unit. Although any sort of container, eg a drum, could potentially be described as a technical unit, NIEA's interpretation of a technical unit is 'any piece of equipment that has been specifically designed or adapted for combustion of materials will be regarded as falling within the meaning of technical unit'. The WID does not apply to units which burn only exempt waste - such as some vegetable waste, clean wood waste and animal carcasses.

Waste may be burned in several different types of devices. NIEA or your district council will consider each type of device used to burn waste on a case-by-case basis.

Incineration plant

An incineration plant is any stationary or mobile plant or equipment used for the thermal treatment of waste, whether or not the heat generated from combustion is recovered.

Thermal treatment processes include pyrolysis, gasification or plasma processes where substances produced by the treatment are then incinerated.

Co-incineration plant

A co-incineration plant is any stationary or mobile plant that burns waste mainly to generate energy or produce a material product. The plant either:

• uses waste as a regular or additional fuel
• thermally treats waste to dispose of it

Wastes used in a co-incineration plant include:

• tyres
• secondary liquid fuels - oils, non-halogenated and halogenated solvents, organic acids, glycols, distillation residues, solvent-based inks, paints, adhesives, organic mixtures, viscous organic liquids, toxic solvents, organic sludges, amines and alkali

Small waste oil burners

If you operate a small waste oil burner (SWOB) you must have a Part A pollution prevention and control (PPC) permit from NIEA.

Drum incinerators

A drum incinerator that does not fall under the definition of a 'technical unit' is not subject to the WID. However, if you use a drum incinerator you may have to register it as an exempt activity.

Open burning of waste

Bonfires and open burning are not subject to the WID, but you may need a waste management licence or a waste exemption and you must not cause a nuisance or pollution.

Air curtain incinerators

You can only use an air curtain incinerator (ACI) to burn waste that is not subject to the WID. ACIs are also known as air curtain destructors, air curtain burners or air burners.

Regardless of the type of waste being burned, an ACI capable of burning more than 1 tonne per hour requires a Part A (mobile plant) permit. In most cases the use of an ACI would not be considered the best available techniques so a permit may not be granted.

In most circumstances you need a pollution prevention and control (PPC) permit, waste management licence or a registered waste exemption for burning waste. You must have the correct permits, licences or exemptions in place before you burn waste.

Most activities that involve burning waste are subject to the Waste Incineration Directive (WID). Even if the WID does not apply to your plant, you may still require a PPC permit or waste management licence if the capacity of the plant exceeds set limits, or a registered waste exemption.

Depending on the capacity of your plant and whether you are burning hazardous or non-hazardous waste, your permit will be from either the Northern Ireland Environment Agency (NIEA) or your district council.

Your plant may also need to comply with other legal requirements, such as the Animal By-Products (ABP) Regulations.

Burning waste in a WID plant

If you burn waste that is subject to the WID, you must have a WID-compliant Part A PPC permit for your incinerator - see requirements of the Waste Incineration Directive.

Your permit will list the types and quantities of waste that you are allowed to burn. It will also include operating conditions, emission limits and monitoring requirements. You must comply with the conditions of your permit.

Burning non-hazardous waste in a plant excluded from the WID

If you incinerate non-hazardous waste in a plant that is excluded from the WID, which has the capacity to burn no more than 50 kilograms per hour, your activity may be covered by a paragraph 29 waste exemption - see exemptions for burning waste. If you cannot meet the requirements of the exemption you must have a PPC permit or waste management licence.

If you incinerate non-hazardous waste in a plant that is excluded from the WID on premises which have the capacity to burn between 50 kilograms and 1 tonne per hour, you will need a Part C PPC permit.

If you incinerate non-hazardous waste in a plant that is excluded from the WID, which has the capacity to burn 1 tonne or more per hour, you may need a Part A PPC permit.

Burning hazardous waste in a plant excluded from the WID

If you incinerate hazardous waste in a plant that is excluded from the WID, regardless of the quantities or capacities involved, you will need a Part A PPC permit.

Burning waste gases

If you incinerate gaseous compounds containing halogens (other than incidentally when burning solid or liquid waste) you will need a Part A PPC permit. You also need a Part A PPC permit to burn gaseous compounds containing nitrogen and sulphur.

Other parts of your PPC permit or waste management licence covering combustion activities may apply to your plant.

Burning waste in the open

You must not burn waste in the open unless you have a waste management licence or a registered waste exemption. You must not burn waste material that produces dark smoke - see controls on burning waste in the open.

Incinerating animal carcasses

Your incinerator is excluded from the WID if it burns only whole animal carcasses, parts of animal carcasses that have been cut up for ease of transport or to make incineration easier, or unprocessed parts of carcasses. If it is excluded from the WID you will not need a WID-compliant permit. However, you may still require a PPC permit or a waste management licence, depending on the size of the activity.

If your incinerator burns only animal carcasses, and has a capacity of:

• less than 50 kilograms per hour and a net rated thermal input of less than 0.3 megawatts, you may qualify for a paragraph 29 exemption from waste management licensing
• between 50 kilograms and 1 tonne per hour and less than 10 tonnes per day, you need a Part C PPC permit
• more than 1 tonne per hour or more than 10 tonnes per day you require a Part A PPC permit

If you are incinerating animal carcasses along with other types of waste, the WID may apply and so you may need a WID-compliant permit.

If you have an on-farm incinerator burning only whole carcasses, you must meet specific standards set out under ABP legislation and .

If you are incinerating carcasses along with other types of waste you will need a PPC permit, waste management licence, or you may qualify for a paragraph 29 waste exemption. You will also need the relevant ABP authorisation from DAERA.

If you have a WID-compliant permit you do not need a separate ABP authorisation from DAERA.

You must have the correct permissions in place before you burn waste. If you burn waste as a fuel or for disposal you may need a pollution prevention and control (PPC) permit or waste management licence from the Northern Ireland Environment Agency (NIEA) or your district council. However, depending on the type and quantity of waste that you burn, and your method of burning, you may qualify for an exemption from waste management licensing.

Waste exemptions are for specific low risk waste activities and so have fewer controls placed on them compared with permits and licences. You may need to register waste exemptions with NIEA.

If you have a waste exemption, you must comply with all of the exemption conditions. You must also ensure that your activity does not:

• endanger human health or risk harm to water, air or soil
• risk harm to plants or animals
• cause a noise or odour nuisance
• adversely affect the countryside or places of special interest

Exemption for burning waste in the open

You may qualify for an exemption to burn certain plant tissue and untreated wood in the open if:

• you burn the waste at the place where it was produced
• you burn no more than 10 tonnes in a 24-hour period

See controls on burning waste in the open.

Exemption for burning waste in an incinerator

You may qualify for an exemption to burn certain plant tissue and untreated wood in an incinerator or a waste combustion plant, if:

• you burn the waste at the place where it was produced
• the incinerator has a capacity of less than 50 kilograms per hour
• the waste combustion plant has a total net rated thermal input of less than 0.3 megawatts

This is a paragraph 29 exemption - .

Exemption for burning waste in a small appliance

You may qualify for an exemption to burn certain plant tissue and untreated wood as a fuel in a small appliance if you burn less than 1 tonne of waste as fuel per hour and the appliance has a relevant PPC permit.

This is a paragraph 5 exemption - .

When you burn waste in the open you are losing a potential resource and you also risk causing air, land and water pollution. You should find alternative methods of waste management wherever possible.

When considering your waste management options you should follow the waste hierarchy: reduce, reuse, recycle, energy recovery and, finally, disposal.

Better alternatives to burning your waste in the open are to:

• redesign your processes to reduce or eliminate waste production
• implement a waste minimisation programme
• reuse and recycle materials in-house
• send waste for recovery rather than for disposal, eg oils and solvents
• compost biodegradable wastes
• burn your waste in an authorised waste incineration plant or boiler that produces energy from the waste
• burn your waste in an authorised waste incineration plant, furnace or boiler
• dispose of your waste at an authorised landfill site

Industrial symbiosis is another name for exchanging or trading waste for mutual benefit or profit. Your unwanted waste may be a valued raw material for another business.

If you must burn waste on your site you may need a pollution prevention and control permit, waste management licence or a registered waste exemption. You must have the correct permissions in place before you start any burning activities.

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