(A) Permission.
(1) An application for permission to open burn shall be submitted in writing to State EPA. The applicant shall allow State EPA at least ten working days to review the permit. Applicant may proceed with burn upon receipt of written permission from State 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 State EPA.
(2) Except as provided in divisions (A)(6) and (A)(7) below, such applications shall contain, as a minimum, 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 State 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 State EPA may impose such conditions as may be necessary to accomplish the purpose of O.A.C. Ch. 3745-19.
(4) Except as provided in division (A)(6) below, 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 State EPA.
(5) Violations of any of the conditions set forth by the State 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 State 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 State Fire Academy’s mobile training laboratory at either the academy or at other training sites in the state. The annual application required pursuant to division (A)(1) above shall contain information as required in division (A)(2) above, except the information required in divisions (A)(2)(c) and (A)(2)(d) above need not be provided unless it is available at the time of submittal of the application. The Academy shall contact the appropriate State 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 a working day.
(7) For open burning defined under paragraph § 91.57(D)(2) and O.A.C. 3745-19-04(C)(2), permission to open burn shall not be granted unless the applicant provides proof of written notice of intent to demolish received by the appropriate State EPA field office in accordance with O.A.C. 3745-20-03.
(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 a working day. It shall be in such form and contain such information as shall be required by the State EPA.
(2) Such notification shall inform the State EPA regarding:
(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 State EPA, after receiving notification, may determine that the open burning is not allowed under O.A.C. Ch. 3745-19 and the State EPA shall notify the applicant to this effect.
(2000 Code, § 91.58) (O.A.C. § 3745-19-05) Penalty, see § 91.99