(1) No person shall
cause, suffer, allow or permit the open burning of any combustible
material.
(2)310 CMR 7.07(1) shall
not apply to:
(a) open burning for the purpose
of combating or backfiring an existing fire by persons affiliated with an
official fire fighting agency;
(b)
open burning conducted primarily for cooking purposes, or
(c) open burning related to the operation of
devices such as blowtorches and welding torches, for which no alternative
source of heat can be used, provided that such devices do not cause a condition
of air pollution.
(3)
Except during periods of adverse meteorological conditions as may be determined
by the Department when direct or public notice thereof has been made by the
Department through the news media, 310 CMR 7.07(1) shall not apply to open
burning conducted for:
(a) training or
research in fire protection or prevention with specific approval by the
Department;
(b) activities
associated with the normal pursuit of agriculture which have been determined by
the Department as necessary and which include but are not limited to, open
burning of blueberry patches for pruning purposes, dead raspberry stalks, fruit
tree prunings, and infected beehives for disease control;
(c) open burning of brush and trees resulting
from agricultural land clearing operations;
(d) the disposal of fungus-infected elm wood
provided that no suitable alternative method of disposal is
available;
(e) the disposal of
brush, cane, driftwood, and forestry debris excluding grass, hay, leaves, and
stumps from January 15th to May
1st of each year. All such open burning shall be
conducted:
1. on land proximate to the place
of generation,
2. at a location
greater than 75 feet from any dwelling, and
3. between ten o'clock A.M. and four o'clock
P.M.
No such open burning shall apply to commercial or institutional
land clearing for non-agricultural purposes.
Open burning under 310 CMR 7.07(3)(e) shall not be permitted in
the Cities and Towns of Arlington, Belmont, Boston, Brookline, Cambridge,
Chelsea, Chicopee, Everett, Fall River, Holyoke, Lawrence, Lowell, Malden,
Medford, New Bedford, Newton, Somerville, Springfield, Waltham, Watertown, West
Springfield, and Worcester, or where the Department has notified a city or town
that:
1. open burning under
this provision may cause or contribute to non-attainment of federal or state
ambient air quality standards for particulate matter,
2. open burning under this provision may
cause or contribute to a condition of air pollution, or
3. open burning under this provision is not
permitted due to continued violations of the provisions for the proper conduct
of such open burning. (Such action shall be taken only after said city or town
has been given written notification of such violations and has in the opinion
of the Department failed to take appropriate actions to prevent the continuance
of such violations.)
Upon request of the Department the permitting authority of any
City or Town shall notify the Department of the number of permits issued during
any burning period.
(f) the disposal of combustible material with
the approval of the Department and after demonstration to the satisfaction of
the Department that no alternative suitable method of disposal is
available;
(g) open burning as
described in 310 CMR 7.07(3)(a) through 310 CMR 7.07(3)(f) must be conducted:
1. during periods of good atmospheric
ventilation,
2. without causing a
nuisance,
3. with smoke minimizing
starters if starters or starting aids are used, and
4. under the provisions of a properly
executed permit issued under the provisions of M.G.L. c. 48, §
13*
(4) Except
as may be incidental to compliance with the provisions contained in 310 CMR
7.07(2) and 310 CMR 7.07(3) no person shall stack, place, or store combustible
material in such manner as to cause or allow presumption by the Department that
such material may be subject to reduction by open burning.
(5) Notwithstanding the provisions of 310 CMR
7.07(3), no person shall cause, suffer, allow or permit open burning at any
refuse disposal facility other than an incinerator as described in M.G.L. c.
111, § 150A.
(6)310 CMR
7.07(1) through 7.07(5) are subject to the enforcement provisions specified in
310 CMR
7.52.
* M.G.L. c. 48, § 13 provides in part:
1. such permits may not be granted for more
than two days from the date of issue, and
2. a written record must be maintained for
each permit including the date of permit issuance, name and address of the
person receiving the permit including the location and type of materials to be
burned, and
3. such records must be
available for public inspection.
