(A) For those counties, or portions of counties, which are, or were previously, designated moderate non-attainment for the one-hour ozone or non-attainment for the National Ambient Air Quality Standards (NMQS) PM10 (particulate matter) or those counties, or portions of counties, which are, or were designated non-attainment for the eight-hour ozone or PM2.5 national ambient air quality standards, pursuant to 401 KAR 51:010, fires may be set in accordance with this administrative regulation except during the months of May, June, July, August, and September. During these months, the only open burning activities allowed shall be:
(1) Fires set for the cooking of food for human consumption;
(2) Fires set for prevention of a fire hazard, including disposal of dangerous materials, if no safe alternative is available;
(3) Fires set for the purpose of bona fide instruction and training of public and industrial employees in the methods of fighting fires;
(4) Fires set for recognized agricultural, silvicultural, range, ecological, and wildlife management practices;
(5) Fires set for the purpose of disposing of accidental spills or leaks of crude oil, petroleum products, or other organic materials, and the disposal of absorbent material used in their removal, if no other economically feasible means of disposal be available and practical. Permission shall be obtained from the cabinet prior to burning; and
(6) Fires set for recreational or ceremonial purposes.
(B) Open burning shall comply with the fire hazard season requirements of KRS 149.400.
(C) Open burning for land clearing purposes associated with residential, commercial, or industrial development shall be limited to a maximum of two contiguous acres at any one time.
(D) This subchapter shall not authorize open burning that is prohibited by any local ordinance.
(Ord. 01-2017, passed 2-22-2017) Penalty, see § 93.99
Statutory reference:
Related provisions, see KRS 149.400, 224.10-100, 224.20-100, 224.20-110, 224.20-120