Current through Register Vol. 41, No. 3, September 23, 2024
A. Open
burning or the use of special incineration devices is permitted in the
following instances provided the provisions of subsections B through E of
9VAC5-130-30 are met:
1. Upon the request of an owner or a
responsible civil or military public official, the board may approve open
burning or the use of special incineration devices under controlled conditions
for the elimination of a hazard that constitutes a threat to the public health,
safety or welfare and that cannot be remedied by other means consonant with the
circumstances presented by the hazard. Such uses of open burning or the use of
special incineration devices may include, but are not limited to, the
following:
a. Destruction of deteriorated or
unused explosives and munitions on government or private property when other
means of disposal are not available. Hazardous waste permits may be required
under the provisions of 9VAC20-60 (Virginia Hazardous Waste Management
Regulations).
b. Destruction of
debris caused by floods, tornadoes, hurricanes or other natural disasters where
alternate means of disposal are not economical or practical and when it is in
the best interest of the citizens of the Commonwealth. Solid waste management
permits may be required under the provisions of 9VAC20-81 (Solid Waste
Management Regulations).
c. On-site
destruction of animal or plant life that is infested, or reasonably believed to
be infested, by a pest or disease in order to (i) suppress, control, or
eradicate an infestation or pest; (ii) prevent or retard the spread of an
infestation or pest; or (iii) prevent further disease transmission or
progression.
2. Open
burning is permitted for training and instruction of government and public
firefighters under the supervision of the designated official and industrial
in-house firefighting personnel with clearance from the local firefighting
authority. The designated official in charge of the training shall notify and
obtain the approval of the regional director prior to conducting the training
exercise. Training schools where permanent facilities are installed for
firefighting instruction are exempt from this notification requirement.
Buildings that have not been demolished may be burned under the provisions of
this subdivision only.
3. Open
burning or the use of special incineration devices is permitted for the
destruction of classified military documents under the supervision of the
designated official.
4. Open
burning is permitted for camp fires or other fires that are used solely for
recreational purposes, for ceremonial occasions, for outdoor noncommercial
preparation of food, and for warming of outdoor workers provided the materials
specified in subsections B and C of
9VAC5-130-30 are not
burned.
5. Open burning is
permitted for the on-site destruction of leaves and tree, yard, and garden
trimmings located on the premises of private property, provided that no
regularly scheduled collection service for leaves and tree, yard, and garden
trimmings is available at the adjacent street or public road.
6. Open burning is permitted for the on-site
destruction of household waste by homeowners or tenants, provided that no
regularly scheduled collection service for such refuse is available at the
adjacent street or public road.
7.
Open burning is permitted for the destruction of any combustible liquid or
gaseous material by burning in a flare or flare stack. Use of a flare or flare
stack for the destruction of hazardous waste or commercial/industrial waste is
allowed provided written approval is obtained from the board and the facility
is in compliance with Article 4, Emission Standards for Toxic Pollutants from
Existing Sources (Rule 6-4), (9VAC5-60-200 et seq.)
and Article 5, Emission Standards for Toxic Pollutants from New and Modified
Sources (Rule 6-5), (9VAC5-60-300 et seq.) of Part II of
Hazardous Air Pollutant Sources . Permits issued under 9VAC5-80 (Permits for
Stationary Sources) may be used to satisfy the requirement for written
approval. This activity must be consistent with the provisions of 9VAC20-60
(Virginia Hazardous Waste Management Regulations).
8. Open burning or the use of special
incineration devices is permitted on site for the destruction of clean burning
waste and debris waste resulting from property maintenance, from the
development or modification of roads and highways, parking areas, railroad
tracks, pipelines, power and communication lines, buildings or building areas,
sanitary landfills, or from any other clearing operations. Open burning or the
use of special incineration devices for the purpose of such destruction is
prohibited from May 1 through September 30.
9. Open burning is permitted for forest
management , agricultural practices, and highway construction and maintenance
programs approved by the board (see
9VAC5-130-50) , provided the
following conditions are met:
a. The burning
shall be at least 1,000 feet from any occupied building unless the occupants
have given prior permission, other than a building located on the property on
which the burning is conducted; and
b. The burning shall be attended at all
times.
10. Open burning
or the use of special incineration devices is permitted for the destruction of
clean burning waste and debris waste on the site of local landfills provided
that the burning does not take place on land that has been filled and covered
so as to present an underground fire hazard due to the presence of methane gas.
Open burning or the use of special incineration devices for the purpose of such
destruction is prohibited May 1 through September 30.
B. Open burning or the use of special
incineration devices permitted under the provisions of this chapter does not
exempt or excuse any owner or other person from the consequences, liability,
damages or injuries that may result from such conduct; nor does it excuse or
exempt any owner or other person from complying with other applicable laws,
ordinances, regulations and orders of the governmental entities having
jurisdiction, even though the open burning is conducted in compliance with this
chapter. In this regard special attention should be directed to §
10.1-1142 of the Code of Virginia, which is enforced by the Department of
Forestry.
C. With regard to the
provisions of subsection B of this section, special attention should also be
directed to the regulations of the Virginia Waste Management Board. No
destruction of waste by open burning or transportation of waste to be destroyed
by open burning shall take place in violation of the regulations of the
Virginia Waste Management Board.
Statutory Authority: § 10.1-1308 of the Code of
Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air
Act; 40 CFR Parts 51 and 60.
