(1) Unlawful Dumping: It shall be unlawful for any person or company to dump or deposit solid waste in any area or at any place in Canyon County other than the Pickles Butte site unless such site is specifically approved by the board of county commissioners.
(2) Waste Accumulating On Public Or Private Property 1 : It shall be unlawful for any person or company to permit or allow to accumulate solid waste in or about any yard, lot, place or premises, or upon any adjacent street, alley or sidewalk owned, leased, used or occupied by such person or company. Provided however, that compost piles may be maintained for fertilization purposes, and matter used for fertilization purposes only may be transported, kept and used, provided the same shall not constitute a nuisance.
(3) Interference With Operations At Waste Disposal Site: It shall be unlawful for any person or company to interfere with the operation of the solid waste site provided in section 02-03-11: of this article by dumping or depositing solid waste at the Pickles Butte site without paying the fees provided for in section 02-03-09: of this article.
(4) Limitation On Burning:
A. Open Burning Of Certain Solid Wastes Prohibited: No person may allow, suffer or cause the burning of materials which emit toxic contaminants or smoke or particulates (including, but not limited to: household garbage, tires or other rubber materials or products, junked motor vehicles or any materials resulting from motor vehicle salvage operation, plastics, petroleum products, dead animals or parts thereof, commercial waste, asphalt or composition roofing or any other asphaltic material or product, drywall, sheetrock, tar, tarpaper, floor underlayment, insulation, insulated wire, lumber or timber treated with preservatives, wet materials, pathogenic wastes, hazardous wastes, paint or chemicals, or any other materials that would otherwise be allowed under this subsection but the burning of which is determined to be a nuisance or hazard by the authority having jurisdiction and responsibility for the administration and enforcement of regulations for the prevention and control of fires) for the purpose of disposing of such waste.
B. Open Outdoor Burning Allowed: Materials not specifically prohibited by subsection (4)A of this section may be burned if the open burning is conducted on the property where the solid waste was generated and is one of the following categories of open burning:
1. Recreational And Warming Fires: Open outdoor fires used for the preparation of food or for recreational purposes (e.g., campfires, ceremonial fires, and barbecues) or fires set for hand warming purposes are allowable forms of open burning.
2. Training Fires: Open outdoor fires used by qualified personnel to train firefighters in the methods of fire suppression and firefighting techniques, or to display certain fire ecology or fire behavior effects are allowable forms of open burning. Training fires shall not be allowed to smolder after the training session has terminated.
3. Industrial Flares: Industrial flares, used for the combustion of flammable gases are allowable forms of open burning.
4. Residential Solid Waste Disposal Fires: Open outdoor fires used to dispose of solid waste (e.g., tree leaves, yard trimmings, gardening waste, etc.) is an allowable form of open burning. However, open burning of garbage produced by the operation of a domestic household is prohibited pursuant to subsection (4)A of this section.
5. Orchard Fires: The use of heating devices to protect orchard crops from frost damage and the use of open outdoor fires to dispose of orchard clippings are allowable forms of open burning.
(A) Open Pot Heaters: The use of stackless open pot heaters is prohibited.
(B) Heating Device Emissions: All heaters purchased after September 21, 1970, shall emit no more than one gram (1.0 g) per minute of solid carbonaceous matter at normal operating conditions as certified by the manufacturer.
(C) Orchard Clippings: The open burning of orchard clippings shall be conducted on the property where the clippings were generated.
6. Prescribed Burning: The use of open outdoor fires to obtain the objectives of prescribed fire management burning is an allowable form of open burning.
(A) Burning Permits Or Prescribed Fire Plans: Whenever a burning permit or prescribed fire plan is required by the department of lands, USDA forest service, or any other state or federal agency responsible for land management, any person who conducts or allows prescribed burning shall meet all permit and/or plan conditions and terms which control smoke.
(B) Rights Of Way Fires: The open burning of woody debris generated during the clearing of rights of way shall be open burned according to Idaho Code sections 38-101 and 38-401, and these rules.
7. Dangerous Material Fires: Open outdoor fires used or permitted by a public or military fire chief to dispose of materials (including military ordnance) which present a danger to life, valuable property or the public welfare, or for the purpose of prevention of a fire hazard when no practical alternative method of disposal or removal is available are allowable forms of open burning. Dangerous materials burning is exempt from subsection (4)A of this section.
8. Infectious Waste Burning: Upon the order of a public health officer, open outdoor fires used to dispose of diseased animals or infested material is an allowable form of open burning. Infectious waste burning is exempt from subsection (4)A of this section. (Ord. 05-011, 4-6-2005)
9. Weed Control Fires: Open outdoor fires used for the purpose of weed abatement such as along fence lines, canal banks, and ditch banks is an allowable form of open burning. (Ord. 10-005, 7-12-2010)
C. Additional Prohibitions: Provided that all open burning, even if allowed in subsection (4)B of this section is prohibited when: (Ord. 05-011, 4-6-2005)
1. The Idaho department of environmental quality (DEQ) air quality index (AQI) reaches seventy five (75) or higher for any pollutant measured within Canyon County, Idaho. It is the responsibility of the person intending to engage in allowed open burning to determine the level of the air quality index prior to igniting any open burning. The air quality index may be determined by calling DEQ or visiting DEQ's webpage, or (Ord. 10-005, 7-12-2010)
2. Any time the sustained (10 minute average) winds exceed twenty (20) miles per hour and/or wind gusts exceed thirty five (35) miles per hour or any time that the national weather service - Boise (NWS) has issued or has in effect a "red flag" warning for any portion of Canyon County, indicating conditions representing a high to extreme fire danger. NWS warnings may be determined by calling NWS or visiting the NWS webpage.
D. Constantly Attended Fire: All open burning conducted pursuant to subsection (4)B of this section shall be constantly attended until the fire is fully extinguished.
E. Compliance: Compliance with the provisions of this subsection (4) does not exempt or excuse any person from complying with applicable laws, rules, or policies of other governmental jurisdictions responsible for fire control or hazardous material disposal or from liability for damages or injuries which may result from open burning. (Ord. 05-011, 4-6-2005)
F. Investigation Of Complaints: The Canyon County sheriff or his designated code enforcement officer shall be responsible for the investigation of complaints, upon request of the authority having jurisdiction and responsibility for the administration and enforcement of regulations for the prevention and control of fires.
(5) Unlawful Burning Times: It shall be unlawful to build, ignite, or maintain any fire for field burning, disposing of waste matter in irrigation ditches and fencerows, weed control, piled tree leaves and tree and brush pruning remnants from agricultural sources in the unincorporated areas of Canyon County, Idaho, at any time from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise, inclusively, unless the authority having responsibility for the administration and enforcement of regulations for the prevention and control of fires specifically exempts a person or company from this requirement. (Ord. 10-005, 7-12-2010)
Notes
| 1 | 1. For public nuisance regulations, see article 1 of this chapter. |