Ohio Admin. Code 3745-19-05 - Permission to individuals and notification to the Ohio EPA
(A) Permission:
(1) An application for permission to open
burn shall be submitted in writing to Ohio EPA. The applicant shall allow Ohio
EPA at least ten working days to review the permit. Applicant may proceed with
burn upon receipt of written permission from Ohio EPA. Saturday, Sunday, and
legal holidays shall not be considered working days. The application shall be
in such form and contain such information as required by the Ohio EPA.
(2) Except as provided in
paragraphs (A)(6) and (A)(7) of this rule, such applications shall contain,
at a minimum, the
following information regarding:
(a) The purpose of the proposed
burning;
.
(b) The
quantity or acreage and the nature of the materials to be burned;
.
(c) The date or dates when such burning will
take place;
.
(d) The
location of the burning site, including a map showing distances to residences,
populated areas, roadways, air fields, and other pertinent landmarks; and
.
(e) The methods or actions which will be
taken to reduce the emissions of air contaminants.
(3) Permission to open burn shall not be
granted unless the applicant demonstrates to the satisfaction of the Ohio EPA
that open burning is necessary to the public interest; will be conducted in a
time, place, and manner as to minimize the emission of air contaminants, when
atmospheric conditions are appropriate; and will have no serious detrimental
effect upon adjacent properties or the occupants thereof. The Ohio EPA may
impose such conditions as may be necessary to accomplish the purpose of this
chapter.
(4) Except as provided in
paragraph (A)(6) of this rule, permission to open burn must be obtained for
each specific project. In emergencies where public health or environmental
quality will be seriously threatened by delay while written permission is
sought, the fire may be set with oral permission of the Ohio EPA.
(5) Violations of any of the conditions set
forth by the Ohio EPA in granting permission to open burn shall be grounds for
revocation of such permission and refusal to grant future permission, as well
as for the imposition of other sanctions provided by law.
(6) The Ohio department of commerce, division
of state fire marshal, may request permission to open burn on an annual basis
for the purpose of training firefighters on pre-flashover conditions using the
Ohio fire academy's mobile training laboratory at either the academy or at
other training sites in Ohio. The annual application required pursuant to
paragraph (A)(1) of this rule shall contain information as required in
paragraph (A)(2) of this rule, except the information required in paragraphs
(A)(2)(c) and (A)(2)(d) of this rule need not be provided unless it is
available at the time of submittal of the application. The academy shall
contact the appropriate Ohio EPA district office or local air agency at least
five working days before each training session of the date or dates when the
training session will take place and its location. Saturday, Sunday, and legal
holidays shall not be considered working days.
(7) For open burning defined under paragraph
(D)(2) of rule
3745-19-03
and paragraph (C)(2) of rule
3745-19-04
of the Administrative Code, permission to open burn shall not be granted unless
the applicant provides proof of written notice of intent to demolish received
by the appropriate Ohio EPA field office in accordance with rule
3745-20-03
of the Administrative Code.
(B) Notification:
(1) Notification shall be submitted in
writing at least ten working days before the fire is to be set. Saturday,
Sunday, and legal holidays shall not be considered working days. It shall be in
such form and contain such information as shall be required by the Ohio
EPA.
(2) Such notification shall
inform the Ohio EPA regarding the following :
(a) The purpose of the proposed
burning;
.
(b) The
nature and quantities of materials to be burned;
.
(c) The date or dates when such burning will
take place; and
.
(d) The
location of the burning site.
(3) The Ohio EPA, after receiving
notification, may determine that the open burning is not allowed under this
chapter and the Ohio EPA shall notify the applicant to this effect.
Notes
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 09/21/1973, 11/30/1987, 11/27/2000, 07/07/2006, 05/27/2012, 04/30/2018
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 09/21/1973, 11/30/1987, 11/27/2000, 07/07/2006, 05/27/2012
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