[Adopted by the Board of Supervisors at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Amendments noted
where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 95.
This chapter shall be known as the "Shenandoah County Ordinance for
the Regulation of Open Burning."
The purpose of this chapter is to protect public health, safety and
welfare by regulating open burning within Shenandoah County to achieve and
maintain, to the greatest extent practicable, a level of air quality that
will provide comfort and convenience while promoting economic and social development.
This chapter is intended to supplement the applicable regulations promulgated
by the State Air Pollution Control Board and other applicable regulations
and laws.
For the purpose of this chapter and subsequent amendments or any orders
issued by Shenandoah County, the words or phrases shall have the meaning given
them in this section:
Any lot or place which is exposed to the weather and upon which more
than five (5) motor vehicles of any kind, incapable of being operated, and
which it would not be economically practical to make operative, are placed,
located or found.
Waste which does not produce dense smoke when burned and is not prohibited
to be burned under this chapter.
Solid waste which is produced or generated during construction of
structures. "Construction waste" consists of lumber, wire, sheetrock, broken
brick, shingles, glass, pipes, concrete and metal and plastics if the metal
or plastics are a part of the materials of construction or empty containers
for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed
gases or semiliquids and garbage are not "construction wastes," and the disposal
of such materials must be in accordance with the regulations of the Virginia
Waste Management Board.
Stumps, wood, brush and leaves from land clearing operations.
That solid waste which is produced by the destruction of structures
and their foundations and includes the same materials as construction waste.
Rotting animal and vegetable matter accumulated by a household in
the course of ordinary day-to-day living.
Refuse or combination of refuse which, because of its quantity, concentration
or physical, chemical or infectious characteristics may:
Waste material and trash normally accumulated by a household in the
course of ordinary day-to-day living.
All waste generated on the premises of manufacturing and industrial
operations, such as but not limited to those carried on in factories, processing
plants, refineries, slaughterhouses and steel mills.
An establishment or place of business which is maintained, operated
or used for storing, keeping, buying or selling junk or for the maintenance
or operation of an automobile graveyard, and the term shall include garbage
dumps and sanitary fills.
A sanitary landfill, an industrial waste landfill or a construction/demolition
debris landfill. See Solid Waste Management Regulations (VR 672-20-10) for
further definitions of these terms.
Any landfill located within the jurisdiction of a local government.
The burning of any matter in such a manner that the products resulting
from combustion are emitted directly into the atmosphere without passing through
a stack, duct or chimney.
A device used to burn waste for the primary purpose of reducing the
volume by removing combustible matter. Such devices function by directing
a curtain of air at an angle across the top of a trench or similarly enclosed
space, thus reducing the amount of combustion by-products emitted into the
atmosphere. The term also includes trench burners, air curtain destructors
and over draft incinerators.
Trash, rubbish, garbage and other forms of solid or liquid waste,
including but not limited to wastes resulting from residential, agricultural,
commercial, industrial, institutional, trade, construction, land clearing,
forest management and emergency operations.
Any operation consisting of a business, trade or industry participating
in salvaging or reclaiming any product or material, such as but not limited
to reprocessing of used motor oils, metals, chemicals, shipping containers
or drums, and specifically including automobile graveyards and junkyards.
An engineered land burial facility for the disposal of household
waste which is so located, designed, constructed and operated to contain and
isolate the waste so that it does not pose a substantial present or potential
hazard to human health or the environment. A sanitary landfill also may receive
other types of solid wastes, such as commercial solid waste, nonhazardous
sludge, hazardous waste from conditionally exempt small quantity generators
and nonhazardous industrial solid waste. See Solid Waste Management Regulations
(VR 672-20-10) for further definitions of these terms.
Small gasborne particulate matter consisting mostly, but not exclusively,
of carbon, ash and other material in concentrations sufficient to form a visible
plume.
A pit incinerator, conical or teepee burner, or any other device
specifically designed to provide good combustion performance.
A.
No owner or other person shall cause or permit open burning
or the use of a special incineration device for disposal of refuse except
as provided in this chapter.
B.
No owner or other person shall cause or permit open burning
or the use of a special incineration device for disposal of rubber tires,
asphaltic materials, crankcase oil, impregnated wood or other rubber or petroleum
based materials except when conducting bona fide fire-fighting instruction
at fire-fighting training schools having permanent facilities.
C.
No owner or other person shall cause or permit open burning
or the use of a special incineration device for disposal of hazardous waste
or containers for such materials.
D.
No owner or other person shall cause or permit open burning
or the use of a special incineration device for the purpose of a salvage operation
or for the disposal of commercial/industrial waste.
E.
Open burning or the use of special incineration devices
permitted under the provisions of this chapter does not exempt or excuse any
owner or other person from the consequences, liability, damages or injuries
which may result from such conduct; nor does it excuse or exempt any owner
or other person from complying with other applicable laws, ordinances, regulations
and orders of the governmental entities having jurisdiction, even though the
open burning is conducted in compliance with this chapter. In this regard
special attention should be directed to § 10.1-1142 of the Forest
Fire Law of Virginia, the regulations of the Virginia Waste Management Board
and the State Air Pollution Control Board's Regulations for the Control and
Abatement of Air Pollution.
F.
Upon declaration of an alert, warning or emergency stage
of an air pollution episode as described in Part VII of the Regulations for
the Control and Abatement of Air Pollution or when deemed advisable by the
State Air Pollution Control Board to prevent a hazard to, or an unreasonable
burden upon, public health or welfare, no owner or other person shall cause
or permit open burning or use of a special incineration device; and any in-process
burning or use of special incineration devices shall be immediately terminated
in the designated air quality control region.
The following activities are exempted to the extent covered by the State
Air Pollution Control Board's Regulations for the Control and Abatement of
Air Pollution:
A.
Open burning for training and instruction of government
and public fire fighters under the supervision of the designated official
and industrial in-house fire-fighting personnel.
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.
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 forest management and agriculture practices
approved by the State Air Pollution Control Board.
E.
Open burning for the destruction of classified military
documents.
A.
Open burning is permitted for the disposal of leaves
and tree, yard and garden trimmings located on the premises of private property,
provided that the following conditions are met:
(1)
The burning takes place on the premises of the private
property.
(2)
The location of the burning is not less than three hundred
(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.
B.
Open burning is permitted for the disposal of household
refuse 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 three hundred
(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.
C.
Open burning is permitted for 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, from
the burning of wood pallets or wood products in conjunction with recycling
operations or from any other clearing operations which may be approved by
the Fire Marshal, provided that the following conditions are met:
(1)
All reasonable effort shall be made to minimize the amount
of material burned, with the number and size of the debris piles approved
by the Fire Marshal.
(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 five hundred (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
practicable from highways and air fields.
(5)
The burning shall be attended at all times and conducted
to ensure the best possible combustion with a minimum of smoke being produced.
(6)
The burning shall not be allowed to smolder beyond the
minimum period of time necessary for the destruction of the materials.
(7)
The burning shall be conducted only when the prevailing
winds are away from any city, town or built-up area.
D.
Open burning is permitted for disposal of debris on the
site of local landfills provided that the burning does not take place on land
that has been filled and covered so as to present an underground fire hazard
due to the presence of methane gas, provided that the following conditions
are met:
(1)
The burning shall take place on the premises of a local
sanitary landfill which meets the provisions of the regulations of the Virginia
Waste Management Board.
(2)
The burning shall be attended at all times.
(3)
The material to be burned shall consist only of brush,
tree trimmings, yard and garden trimmings, clean burning construction waste,
clean burning debris waste or clean burning demolition waste.
(4)
All reasonable effort shall be made to minimize the amount
of material that is burned.
(5)
No materials may be burned in violation of the regulations
of the Virginia Waste Management Board or the State Air Pollution Control
Board. The exact site of the burning on a local landfill shall be established
in coordination with the regional director and the Fire Marshal; no other
site shall be used without the approval of these officials. The Fire Marshal
shall be notified of the days during which the burning will occur.
A.
When open burning of debris waste (§ 80-6C) or open burning of debris on the site of a local landfill (§ 80-6D) is to occur within Shenandoah County, the person responsible for the burning shall obtain a permit from the Fire Marshal prior to the burning. Such a permit may be granted only after confirmation by the Fire Marshal that the burning can and will comply with the provisions of this chapter and any other conditions which are deemed necessary to ensure that the burning will not endanger the public health and welfare or to ensure compliance with any applicable provisions of the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. The permit may be issued for each occasion of burning or for a specific period of time deemed appropriate by the Fire Marshal.
B.
Prior to the initial installation (or reinstallation
in cases of relocation) and operation of special incineration devices, the
person responsible for the burning shall obtain a permit from the Fire Marshal,
such permits to be granted only after confirmation by the Fire Marshal that
the burning can and will comply with the applicable provisions in Regulations
for the Control and Abatement of Air Pollution and that any conditions are
met which are deemed necessary by the Fire Marshal to ensure that the operation
of the devices will not endanger the public health and welfare. Permits granted
for the use of special incineration devices shall at a minimum contain the
following conditions:
(1)
All reasonable effort shall be made to minimize the amount
of material that is burned. Such efforts shall include, but are not limited
to, the removal of pulpwood, sawlogs and firewood.
(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 three hundred (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;
burning shall be conducted at the greatest distance practicable from highways
and air fields. If the Fire Marshal determines that it is necessary to protect
public health and welfare, he may direct that any of the above cited distances
be increased.
(4)
The burning shall be attended at all times and conducted
to ensure the best possible combustion with a minimum of smoke being produced.
Under no circumstances should the burning be allowed to smolder beyond the
minimum period of time necessary for the destruction of the materials.
(5)
The burning shall be conducted only when the prevailing
winds are away from any city, town or built-up area.
(6)
The use of special incineration devices shall be allowed
only for the disposal of debris waste, clean burning construction waste and
clean burning demolition waste.
(7)
Permits issued under this subsection shall be limited
to a specific period of time deemed appropriate by the Fire Marshal.
