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Burning waste FAQs

Q. Can I dispose of wastes by burning them on my farm?
A. Burning in the open (with the exception of plant tissue) has been banned. Controlled burning using a drum incinerator is only allowed in certain circumstances and the farmer must register an exemption with SEPA first. Exemptions are considered where the farmer demonstrates that the activity will not pollute the environment or harm human health. Where their use is permitted, you must register drum incinerators under a Paragraph 29 exemption. You can register this exemption for free through our online registration page.

Farmers should also consider that burning waste may cause nuisance (e.g. create dark or black smoke) or harm to human health – particularly if plastics, rubber or tyres are burned. If this occurs, the local authority and/or SEPA may take enforcement action.

Q. What is a drum incinerator? Is there a standard specification?
A. There is no specification for a drum incinerator. They are typically 50 gallon metal drums with holes punched into them to improve air flow. Any other type of incinerator is likely to require further authorisation from SEPA prior to their use.

Q. Can I burn chemical containers and other plastics etc in a drum incinerator?
A. Chemical containers may be classified as hazardous waste and cannot legally be burnt in a drum incinerator.

Properly used, drum incinerators are a legal disposal route for certain non-hazardous wastes such as paper, cardboard or old clean wood, but the burning of any plastics should be avoided because of the associated environmental, health and legal risks. Recycling plastic wastes through a supplier is the preferred option.

Q. Do I have to notify SEPA before I burn branch waste and brash?
A. Yes, you must apply for a Paragraph 30 exemption with SEPA before burning branch waste or brash. You can register this exemption for free through our online registration page.

Q. Can I still burn stubble/straw?
A. SEPA has been advised by NFUS that the burning of stubble in-situ is carried out for agricultural benefit and that the activity is not a waste management activity. SEPA will therefore not apply waste regulations to stubble burning. Information on straw burning can be found in the PEPFAA code of good practice, page 119.

Q. How should I dispose of the ash produced from burning agricultural waste in a drum incinerator?
A. Ash produced from burning plant tissue may be incorporated into the soil for agricultural benefit. Ash from any other material burnt in a drum incinerator must be transferred to a suitably licensed waste management facility (e.g. a landfill site). Your local SEPA office may be able to advise of the nearest licensed facility.

Q. If you have a licensed incinerator to dispose of animal carcases, can you burn any plastic or tyres in the incinerator?
A. No, whole carcasses are not a controlled waste, the incinerator is licensed by the Local Authority or Animal Health and Veterinary Laboratories Agency and is not licensed to burn any other waste material.

Q. Can you spread the ash from animal carcasses that have been incinerated?
A. The licence from the Local Authority or the Animal Health and Veterinary Laboratories Agency may specify how the ash from the burning of whole carcases is to be disposed, but the landfilling of any waste is no longer allowed. The ash should be disposed of to a suitably licensed facility.

Q. Can you compost whole chicken carcasses?
A. The composting of whole chicken carcasses would be controlled by the State Veterinary Service and the Local Authorities as whole carcasses are not regarded as controlled waste. The composting of any other animal matter, such as bits of chickens, could only be done under a waste management license as exemptions cannot be utilised if meat is to be composted.

Q. Can my single farm payment be affected if I breach any of the waste legislation?
A.No, the only legislation enforced by SEPA which can have a bearing on your single farm payment are the Sludge Use in Agriculture Regulations and various sections of CAR dealing with Waste sheep dip, waste pesticide disposals to land,  agricultural abstraction and irrigation.