Environmental Health have a statutory duty to identify, monitor, reduce and prevent pollution of the air and the environment to protect the health of those who live and work in Stirling.
We deal with many issues, such as air quality, exhaust emissions, smoke, dust, noise and light pollution, accumulations of waste, defective drains and contaminated land.
Where necessary, Environmental Health will take enforcement action to prevent pollution and to protect public health.
Air Quality
Air quality is the term we use to describe how polluted the air we breathe is. When air quality is poor, pollutants in the air may be hazardous to people, particularly those with lung or heart conditions.
The majority of air pollutants come from road transport, particularly diesel exhaust fumes, and from the domestic, commercial and industrial burning of solid fuels such as wood and coal.
The pollutants of most concern in Stirling are Nitrogen Dioxide (NO2) and Particulate Matter (PM10 and PM2.5).
We have 14 locations across the Stirling Council area where we monitor Nitrogen Dioxide levels and both Nitrogen Dioxide and Particulate Matter reported hourly at our continuous monitoring station in Stirling city centre.
Current and historical data about the air quality in Stirling can be found here: Site Data | Scottish Air Quality
We also produce an Annual Air Pollution Progress Report which can be accessed here: Stirling Council | Scottish Air Quality
Preventing Air Pollution
Thankfully, the air quality in Stirling is well within the national standards and we aim to keep it that way. Environmental Health will investigate all complaints relating to air pollution and take any action deemed necessary to protect public health.
Engine Idling
Leaving your engine running when your vehicle is stationary is called idling. This creates unnecessary air pollution.
It is an offence to leave your engine running unnecessarily and you could be issued with a Fixed Penalty Notice if you are witnessed engine idling in Stirling.
The legislation covers any vehicle on a public road including buses, taxis, commercial vehicles and private cars. It does not cover vehicles stopped at traffic lights, in slow moving traffic, vehicles under test or repair other reasonable actions, such as defrosting a windscreen in very cold weather or cooling a hot car down in very hot weather.
Stirling is part of the East Central Scotland Vehicle Emissions Partnership and you can find further information here - Home - Switch off and Breathe
Garden Bonfires
Using bonfires to burn waste results in harmful pollutants being emitted. These air pollutants can have damaging health effects and people with existing health problems are especially vulnerable. As well as health effects, there are all the public nuisance and safety issues to consider.
It is an offence to burn commercial or trade waste, but there really is no need to burn any waste. Not burning waste is better for the environment and safer for the residents of Stirling.
Domestic waste should be put in the correct bin for uplift or taken to your local recycling centre. Whilst the Council would discourage it, it’s not an offence to burn garden waste (dried leaves, hedge trimmings, tree branches etc.) infrequently as long as the smoke does not affect your neighbours. (see Statutory Nuisance below).
You must keep garden bonfires under control and constant supervision. Using a Council brown bin, home composting or taking to your local recycling centre is encouraged.
Environmental Protection UK have provided the following guidance on garden bonfires to inform you of the issues involved and provide guidelines.
Smoke Control Areas
If you live in a smoke control area it is an offence to produce smoke from a chimney of a building, or a chimney of any fixed boiler or industrial plant, unless you're burning an authorised fuel or using exempt appliances (e.g. burners or stoves).
A fine of up to £1000 can be issued if you are found to have broken this ruling.
Stirling Council has declared 2 smoke control areas in Bannockburn as shown in the map.
In practice this means that in a smoke control area it is illegal to burn house coal or wood in an open fire, although it may legal to burn these in a stove or other appliance that has been approved to burn that fuel.
What you can burn in Smoke Control Areas.
Authorised fuels include anthracite, semi-anthracite, gas and low volatile steam coal. You can use oil or other liquid fuels in specially designed or adapted fireplaces.
Exempt appliances that can burn unauthorised fuels
Unauthorised fuels, such as wood, can be burned in ‘exempt appliances’ such as some boilers, cookers and stoves. A list of exempt appliances can be found at: Exempt appliances Scotland – Clean Air Act Data Entry System
Even though the appliance may be exempt, you are only permitted to use the type(s) of fuel that the manufacturer says can be used in the appliance to prevent smoke.
SEPA Regulated Sites
Industrial sites releasing pollution to the air or water environment must have a permit issued and monitored by SEPA (Scottish Environmental Protection Agency). If you are concerned about emissions from factories or other industrial sites you should call SEPA’s pollution hotline on 0800 807 060.
Dust, Noise and Light Pollution
Statutory Nuisance
Many public health and pollution matters are dealt with using the law of Statutory Nuisance. This deals with the unreasonable interference with the ability of someone to enjoy their property. It is subjective, or a matter of judgement.
A Statutory Nuisance must be deemed:
- a "nuisance" - Not defined in law but is regarded as material interference with the enjoyment of property or comfort. A ‘nuisance’ cannot affect property or affect someone in a public space
- "prejudicial to health" - Defined in law as 'injurious or likely to cause injury to health'.
Statutory Nuisance cannot deal with lower level annoyance, frustration or inconvenience and cannot be used for safety related issues. It cannot take into account the needs or wishes of a particularly sensitive person, instead looking at how it would affect any normal member of the public.
Duties on Local Authorities
Local Authorities must:
- inspect their areas for statutory nuisances which should be dealt with by them;
- where a complaint of statutory nuisance is made from a someone living in the area, carry out a reasonable investigation
- where a statutory nuisance is found to exist, serve an Abatement Notice
Guidance to Accompany the Statutory Nuisance Provisions of the Public Health etc (Scotland) Act 2008 is available from the Scottish Government.
Complaints are investigated under the Environmental Protection Act 1990.
Environmental Health can deal with statutory nuisances such as:
- Water penetration resulting in damp or mould
- Odours from commercial premises
- Drainage issues
- Insect nuisance
- Noise from commercial premises
- Accumulations of refuse
Officers have the power to enter premises to enter any premises at any reasonable time to investigate a statutory nuisance. Where nuisance conditions are witnessed by officers they shall issue a statutory notice to require abatement of the nuisance within a specified timescale.
Failure to comply with a notice may result in work being carried out in default; serving a fixed penalty notice £150 (domestic)/ £400 (commercial), or referring the matter to the Procurator Fiscal.
Because Statutory Nuisance could apply to such a wide range of situations, responses are prioritised on the type of nuisance concerned. Some minor matters may not be routinely investigated and investigations may only take place if levels of other higher priority work permit and the problem is serious and persistent.
Contaminated Land
We have a legacy of land contamination due to industrial and other historical land uses. This land potentially poses risks to users of the land and/or a threat to the natural or built environment.
The Environmental Protection Act 1990, Part IIA requires us to identify and seek the remediation of contaminated land in our area.
Potentially contaminating activities which have taken place include industrial premises, gas works, collieries, railway activities, garages and petrol filling stations, military land and depots, agricultural activities, sawmills or timber processing sites and landfill sites.
Our current database identifies approximately 1600 potentially contaminated sites, covering a total of approximately 1124 hectares. At present, none of these sites has been officially designated as contaminated under the Part IIA regime.
If the new development is to take place on potentially contaminated land, Planning Advice Note (PAN) 33 - Development of Contaminated Land details our responsibilities to ensure that land is made ‘suitable for use’ and encourages and regulates voluntary remediation of contaminated land through the planning process.
Guidance for developers on investigating potentially contaminated land