Chapter 8.20
OPEN BURNING
Sections:
8.20.030 Circumstances where permitted.
8.20.060 Maintenance requirements.
8.20.070 Permit – Allowed burning.
8.20.090 Permit – Information required.
8.20.010 Definitions.
The following definitions shall be observed unless inconsistent with the manifest intent of this chapter:
A. “Trash” means something worth little or nothing, as junk or rubbish; something in a crumbled or broken condition, especially dry debris from pruning or processing plant material.
B. “Rubbish” means dry useless waste or rejected matter.
C. “Junk” means old iron, glass, dry paper, or other dry waste that may be used again in some form; secondhand, worn, or discarded articles of little value.
D. “Garbage” means food waste or wet refuse. [Prior code § 8-3-12(A)]
8.20.020 Prohibition.
Except as otherwise provided in this regulation, no person shall permit, cause, suffer or allow open burning. [Prior code § 8-3-12(B)]
8.20.030 Circumstances where permitted.
Open burning is permitted under the following circumstances.
A. Open burning is permitted for recreational and ceremonial purposes, for barbecuing, for heating purposes in fireplaces, for the noncommercial cooking of food for human consumption and for warming by small wood fires at construction sites.
B. Open burning of natural gas is permitted at gasoline plants and compressor stations and when used or produced in drilling, completion and workover operations on oil and gas wells when necessary to avoid serious hazard to safety.
C. Open burning of explosive materials is permitted where the transportation of such materials to other facilities could be dangerous. [Prior code § 8-3-12(C)]
8.20.040 Refuse burning.
Subject to the conditions contained in MTC 8.20.060, open burning of refuse is permitted in communities having:
A. A population of less than 3,000; and
B. No public refuse collection service nor the economic means of obtaining or establishing one.
C. This section does not apply to any kind of salvage operation or to any person to whom a collection service is available. [Prior code § 8-3-12(D)]
8.20.050 Permitted burning.
Subject to the conditions contained in MTC 8.20.060, open burning is permitted for the following purposes:
A. Disposal of fully dried tumbleweeds; and
B. Agricultural management, excluding timber, directly related to the growing or harvesting of crops. [Prior code § 8-3-12(E)]
8.20.060 Maintenance requirements.
Any open burning permitted under MTC 8.20.040 and 8.20.050 must be maintained under the following conditions:
A. The emission of smoke shall not be allowed to pass onto or across a public road or landing strip such that a hazard is created by impairment of visibility;
B. No natural or synthetic rubber or petroleum products may be burned. For the purpose of frost control in agricultural operations, natural petroleum products may be burned;
C. Care must be taken to minimize the amount of dirt on the material being burned;
D. All burning, except agricultural burning, must take place between the hours of 10:00 a.m. and 4:00 p.m.;
E. The material to be burned must be as dry as possible; and
F. The wind direction at the site of agricultural burning must be such that the smoke will generally be carried away from areas of human habitation. [Prior code § 8-3-12(F)]
8.20.070 Permit – Allowed burning.
Subject to whatever conditions the town fire department may impose, open burning is permitted for the following purposes when a permit is obtained from the town fire department: weed abatement; prevention of fire hazards; disposal of dangerous materials; instruction and training of bona fide fire fighting and fire rescue personnel; civil defense; conservation; game management; disease and pest control; land clearance for highway construction; forestry management; control of vegetation in irrigation ditches and canals; clearance and maintenance of watercourses and flood control channels to eliminate flood hazards; disposal of hydrocarbons spilled or lost from pipeline breaks or other transport failure; and other special circumstances. [Prior code § 8-3-12(G)]
8.20.080 Permit – Issuance.
A permit to burn shall not be issued if the town fire department determines that:
A. A practical alternative to burning exists;
B. The health or welfare of any other person may be detrimentally affected; or
C. Ambient air quality of other property may be detrimentally affected. [Prior code § 8-3-12(H)]
8.20.090 Permit – Information required.
Any person seeking a permit to open burn shall do so by submitting a request to the town fire department. The town fire department may require the requestor to submit his request in writing and any or all of the following information:
A. The requestor’s name, address and telephone number;
B. The location where the burning is to be conducted;
C. The type and quantity of material to be burned;
D. The date when the burning is to be conducted;
E. The methods that will be followed to ignite, maintain and control the burning;
F. Reasons why the requestor believes the burning is necessary; and
G. The alternatives to burning and the reasons why the requestor believes them not to be feasible. [Prior code § 8-3-12(I)]