Open burning pursuant to a permit issued by the Department of Environmental Quality.
(A) Open burning for training and instruction of governmental, volunteer or industrial firefighters under the supervision of the designated official and industrial in-house fire fighting personnel. Whenever a building or structure is used by one or more fire companies for bona fide firefighting instruction, the owner or his agent shall be exempted from the requirements, provided a fire company is in attendance at all times fires are conducted.
(B) Open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers; however, applicable materials specified in this chapter shall not be burned, and such fires shall be attended at all times. Notice of open fires specified in this section shall not be required.
(C) Open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack.
(D) Open burning for the destruction of classified military documents.
(E) Open burning of forests and fields in accordance with forest management and agricultural practices approved by the Air Pollution Control Board provided that the burn area is at least 1,000 feet away from any occupied building unless the occupant has granted prior permission and in accordance with the Department of Forestry's Smoke Management Plan (ref: 9 VAC 5-40-5631).
(F) Open burning is permitted on site for the destruction of household waste by homeowners or tenants, provided that the following conditions are met:
(1) The burning takes place on the premises of the dwelling;
(2) Animal carcasses or animal wastes are not burned;
(3) Garbage is not burned;
(4) The location of the burning is not less than 300 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted;
(5) No regularly scheduled public or private collection service for such refuse is available at the adjacent street or public road; and
(6) The notification provisions of § 97.07 shall not apply to the open burning of household waste by homeowners or tenants as provided in this section.
(G) Open burning is permitted for the disposal of debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other clearing operations which may be approved by (designated local official), provided the following conditions are met:
(1) All reasonable efforts shall be made to minimize the amount of material burned, with the number and size of the debris piles approved by (designated local official);
(2) The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material;
(3) The burning shall be at least 500 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted;
(4) The burning shall be conducted at the greatest distance practical from highways and air fields; and
(5) The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area.
(H) Open burning or the use of special incineration devices is permitted on site for the destruction of clean burning waste and debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other clearing operations.
(Ord. passed 9-24-2007; Am. Ord. passed 11-14-2007) Penalty, see § 97.99