§ 8-4-316 — Purpose - Open burning of vegetative storm debris

(a) The purpose of this section is to allow a county to seek preauthorization of open burning sites for vegetative storm debris from the Division of Environmental Quality to accelerate the cleanup process in the event of a natural disaster. (b) Unless otherwise prohibited by federal law, a county may conduct open burning to dispose of vegetative storm debris under the procedures, requirements, and limitations under this section if the county has: (1) Been declared a disaster area by: (A) The county under § 12-75-108 ; (B) The state under § 12-75-107 ; or (C) Federal authorities authorized under federal law to make the declaration; or (2) Otherwise accumulated substantial vegetative storm debris and provided written notice to the division of the accumulation. (c) (1) A county shall only burn vegetative storm debris at a site that has been preassessed by the division to determine that the site is consistent with all state and federal laws and regulations. (2) A county that engages in the open burning of vegetative storm debris at a site that has been preassessed by the division shall comply with this section and the procedures established by the Director of the Division of Environmental Quality. (3) A county may burn vegetative storm debris at no more than four (4) sites at one (1) time unless the director determines that additional open burning sites are necessary. (d) At least three (3) days before the commencement of open burning, the county shall provide written notification to the director that certifies the preassessed site satisfies the requirements of all applicable laws and regulations, unless notification is waived by the director. (e) Open burning under this section shall: (1) Be performed only during daylight hours on Monday through Friday; (2) Not occur on a state or federal holiday; (3) Be completed within one hundred twenty (120) days after the written notice or disaster declaration under subsection (b) of this section unless extended by the director; (4) Be conducted in a manner so as not to create a nuisance to surrounding communities; (5) Be conducted only if: (A) The county is in attainment of the National Ambient Air Quality Standards; (B) A burn ban is not in effect for the county; and (C) Adequate firefighting personnel are available to respond to an emergency at a designated open burning site; (6) Comply with all other applicable state, federal, or local statutes, regulations, rules, ordinances, and orders; and (7) Be conducted no more than two (2) times per calendar year if the county has not been declared a disaster area under subdivision (b)(1) of this section. (f) Open burning under this section shall: (1) Not be conducted within: (A) Five hundred feet (500') of a residence unless the owner of the residence has given written permission for the open burning; or (B) One thousand feet (1,000') of a school; and (2) Exclude any nonvegetative storm debris, including without limitation one (1) or more of the following: (A) Tires; (B) Lumber; (C) Construction debris; (D) Demolished structures; (E) Household wastes; and (F) Trade wastes. (g) (1) The director may require one (1) or more of the following: (A) That a designated open burning site be relocated; (B) That an open burning allowed under this section be prohibited in response to actual or potential violations of state or federal air quality standards in the impacted areas; or (C) An alternative burn period to assure and maintain air quality compliance with National Ambient Air Quality Standards. (2) The director may recommend alternative methods of vegetative storm debris disposal, including without limitation the use of air curtain incinerators or composting to the extent allowed under federal law. (h) (1) A county judge shall not obligate state or federal funds for open burning under this section if the county judge has declared the emergency under § 12-75-108 . (2) However, a county judge may be reimbursed from state or federal funds for the cost of the open burning if the director determines that reimbursement is appropriate.

Legislative History

Amended by Act 2019, No. 1060,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2542, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2541, eff. 7/1/2019. Amended by Act 2017, No. 330,§ 1, eff. 8/1/2017. Acts 2005, No. 944, § 1; 2011, No. 10, § 1.