The following regulations and requirements are hereby adopted and set forth, in accordance with KRS 83A.060(5), and are made a part of the permanent records of the city.
(A) Necessity, function, and conformity.
(1) KRS 224.10-100 requires the Environmental and Public Protection Cabinet to promulgate administrative regulations for the prevention, abatement, and control of air pollution.
(2) KRS 224.20-110 prohibits any person from, directly or indirectly, emitting into or discharging into the air under the jurisdiction of the commonwealth, or causing, permitting, or allowing to be emitted or discharged into the air, any contaminants as provided for in subsection (1) of KRS 224.01-010 that shall cause or contribute to the pollution of the air of the commonwealth in contravention of any of the rules, administrative regulations, or orders of the cabinet. This administrative regulation establishes requirements for the control of open burning.
(B) Applicability. This administrative regulation shall apply to all open burning that is not subject to another administrative regulation in 401 KAR Chapters 50 through 65.
(C) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLEAN LUMBER. Wood or wood products that have been cut or shaped and includes wet, air-dried, and kiln-dried wood products, and does not include commercial or industrial waste or wood products that have been painted, pigment-stained, or pressure-treated using any hazardous or toxic compounds.
FIRE TRAINING. The instruction of industrial, public, and private firefighters conducted in accordance with safety standards and procedures as accepted by the State Fire Marshal, the State Fire Commission, or the National Wildfire Coordinating Group.
GARBAGE. Putrescible animal and vegetable matter accumulated in the course of ordinary day-to-day living.
HOUSEHOLD RUBBISH. Waste material and trash normally accumulated by a family in a residence in the course of ordinary day-to-day living, except for garbage, cans, glass, plastic, or other potentially hazardous waste materials.
LAND CLEARING. Clearing of land for agricultural, residential, industrial, or commercial development purposes, including the construction of roads.
OPEN BURNING. The burning of any matter without a burn chamber, or without a stack or chimney with control devices, approved by the State Division for Air Quality.
PRIORITY I REGION. A region classified as Priority I in 401 KAR 50:020, Appendix A.
RECOGNIZED AGRICULTURAL, SILVICULTURAL, RANGE, ECOLOGICAL, or WILDLIFE MANAGEMENT PRACTICES. Burning recognized by the State Department of Agriculture, the United States Department of Agriculture, the State Division of Forestry, the United States Forest Service, the State Department of Fish and Wildlife, the State Nature Preserves Commission, or the United States Fish and Wildlife Service as necessary to promote cultivation of crops, range, and forest lands, weed and understory abatement, and pest control and prevention.
WOOD WASTE. Untreated wood and untreated wood products, including free stumps (whole or chipped), felled trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings and shavings. WOOD WASTE does not include: yard waste; construction, renovation, or demolition wastes; or clean lumber.
YARD WASTE. Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs, which come from residential, commercial, retail, institutional, or industrial sources as part of maintaining yards or other private or public lands. YARD WASTE does not include: construction, renovation, and demolition wastes; or clean lumber.
(Ord. 01-2017, passed 2-22-2017)
Statutory reference:
Related provisions, see KRS 149.400, 224.10-100, 224.20-100, 224.20-110, 224.20-120