Utah Admin. Code R307-202-7 - Open Burning - With Permit
(1) No person shall knowingly conduct open
burning unless the open burning activities may be conducted without a permit
pursuant to
R307-202-6
or the person has a valid permit for burning on a specified date or period,
issued by the county or municipal fire authority having jurisdiction in the
area where the open burning will take place.
(2) A permit applicant shall provide
information as requested by the county or municipal fire authority. No permit
or authorization shall be deemed valid unless the issuing authority determines
that the applicant has provided the required information.
(3) Persons seeking an open burning permit
shall submit to the county or municipal fire authority an application on a form
provided by the director for each separate burn.
(4) A permit shall be valid only on the lands
specified on the permit.
(5) No
material shall be burned unless it is clearly described and quantified as
material to be burned on a valid permit.
(6) No burning shall be conducted contrary to
the conditions specified on the permit.
(7) Any permit issued by a county or
municipal fire authority shall be subject to the local, state, and federal
rules and regulations.
(8) Open
burning is authorized by the issuance of a permit, as stipulated within this
rule, for specification in R307-202-7(10). These permits can only be issued
when not prohibited by other local, state, or federal laws and regulations and
when a nuisance as defined in Section
76-10-803
is not created and does not impact the health and welfare of the
public.
(9) Individual permits, as
stipulated within this rule, for the types of burning listed in R307-202-7(10)
may be issued by a county or municipal fire authority when the clearing index
is 500 or greater. When the clearing index is below 500, all permits issued for
that day will be null and void until further notice from the county or
municipal fire authority. Additionally, anyone burning on the day when the
clearing index is below 500 or is found to be violating any part of this rule
shall be liable for a fine in accordance with R307-130.
(10) Types of open burning for which a permit
may be granted are:
(a) Except in
nonattainment and maintenance areas, open burning of tree cuttings and slash in
forest areas where the cuttings accrue from pulping, lumbering, and similar
operations, but excluding waste from sawmill operations such as sawdust and
scrap lumber.
(b) Open burning of
trees and brush within railroad rights-of-way provided that dirt is removed
from stumps before burning, and that tires, oil more dense than #2 fuel oil,
tar, or other materials which can cause severe air pollution are not present in
the materials to be burned, and are not used to start fires or to keep fires
burning.
(c) Open burning of a fire
hazard that a county or municipal fire authority determines cannot be abated by
any other viable option.
(d) Open
burning of highly explosive materials when a county or municipal fire
authority, law enforcement agency or governmental agency having jurisdiction
determines that onsite burning or detonation in place is the only reasonably
available method for safely disposing of the material.
(e) Open burning for the disposal of
contraband in the possession of public law enforcement personnel provided they
demonstrate to the county or municipal fire authority that open burning is the
only reasonably available method for safely disposing of the
material.
(f) Open burning of
clippings, bushes, plants and prunings from trees incident to property clean-up
activities, including residential cleanup, provided that the following
conditions have been met:
(i) Within only the
counties of Washington, Kane, San Juan, Iron, Garfield, Beaver, Piute, Wayne,
Grand and Emery, the county or municipal fire authority may issue a permit
between March 1 and May 30 when the clearing index is 500 or greater. The
county or municipal fire authority may issue a permit between September 15 to
November 15 for such burning to occur when the state forester has approved the
burning window under Section
65A-8-211
and the clearing index is 500 or greater.
(ii) In all other areas of the state, the
county or municipal fire authority may issue a permit between March 30 and May
30 for such burning to occur when the clearing index is 500 or greater. The
county or municipal fire authority may issue a permit between September 15 and
October 30 for such burning to occur when the state forester has approved the
burning window under Section
65A-8-211
and the clearing index is 500 or greater.
(iii) Such burnings occur in accordance with
state and federal requirements;
(iv) Materials to be burned are thoroughly
dry; and
(v) No trash, rubbish,
tires, or oil are included in the material to be burned, used to start fires,
or used to keep fires burning.
(g) Except for nonattainment and maintenance
areas, the director may grant a permit for types of open burning not specified
in R307-202-7(3) on written application if the director finds that the burning
is consistent with the federally approved State Implementation Plan and does
not cause or contribute to an exceedance of any national ambient air quality
standards.
(i) This permit may be granted
once the director has reviewed the written application with the requirements
and criteria found within this rule at R307-202-7.
(ii) Open Burning Permit Criteria.
(A) The director or the county or municipal
fire authority shall consider the following factors in determining whether, and
upon what conditions, to issue an open burning permit:
(I) The location and proximity of the
proposed burning to any building, other structures, the public, and federal
Class I areas that might be impacted by the smoke and emissions from the
burn;
(II) Burning will only be
conducted when the clearing index is 500 or above; and
(III) Whether there is any practical
alternative method for the disposal of the material to be burned.
(B) Methods to minimize emissions
and smoke impacts may include, but are not limited to:
(I) The use of clean auxiliary
fuel;
(II) Drying the material
prior to ignition; and
(III)
Separation for alternative disposal of materials that produce higher levels of
emissions and smoke during the combustion process.
(C) Open burning permits are not valid during
periods when the clearing index is below 500 or publicly announced air
pollution emergencies or alerts have been declared in the area of the proposed
burn.
(D) For burns of piled
material, all piles shall be reasonably dry and free of dirt.
(E) Open burns shall be supervised by a
responsible person who shall notify the local fire department and have
available, either on-site or by the local fire department, the means to
suppress the burn if the fire does not comply with the terms and conditions of
the permit.
(F) All open burning
operations shall be subject to inspection by the director or county or
municipal fire authority. The permittee shall maintain at the burn site the
original or a copy of the permit that shall be made available without
unreasonable delay to the inspector.
(G) If at any time the director or the county
or municipal fire authority granting the permit determines that the permittee
has not complied with any term or condition of the permit, the permit is
subject to partial or complete suspension, revocation or imposition of
additional conditions. All burning activity subject to the permit shall be
terminated immediately upon notice of suspension or revocation. In addition to
suspension or revocation of the permit, the director or county or municipal
fire authority may take any other enforcement action authorized under state or
local law.
Notes
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