Worcester County, MD Open Burning Regulations

PUBLIC COLLECTION OF REFUSE

Citing. The rules and regulations hereby adopted shall constitute and shall hereafter be known as the "Worcester County Open Burning Regulations" and may be cited hereafter as the "Open Burning Regulations."

(b)

Purpose. The purpose of the Open Burning Regulations is to establish restrictions on any open burning that is permitted in Worcester County.

(c)

Definitions of words and phrases. For the purpose of this Subtitle, the following definitions shall apply:

AIR STAGNATION

A weather situation characterized by limited horizontal and vertical mixing of air.

CEREMONIAL FIRES

Bonfires used for ceremonies sponsored by educational, cultural or religious institutions.

CONSERVATION PRACTICES

Land treatment techniques designed to conserve, enhance and/or protect soil, water, vegetation and other natural resources.

CONTROL OFFICER

The Environmental Programs Administrator of the Worcester County Department of Development, Review and Permitting.

DEPARTMENT

Worcester County Department of Development, Review and Permitting.

EMERGENCY SERVICES

Worcester County Department of Emergency Services.

FIRE MARSHAL

Fire Marshal, Worcester County Fire Marshal's Office, or his duly authorized deputy.

GARBAGE

Animal or vegetable waste matter originating in houses, kitchens, restaurants, hotels, produce markets or similar installations.

OPEN BURNING

Any fire where any material is burned in the open or in a receptacle other than in a closed furnace, incinerator or other equipment connected to a stack or chimney.

A service provided by any governmental agency or commercial enterprise for the pickup on a regularly scheduled basis of refuse from groups of individual homes, businesses, apartment buildings or other establishments.

REFUSE

Garbage or rubbish.

RUBBISH

Waste solids or liquids including, but not necessarily limited to: rags, clothes, leather, rubber, carpets, excelsior, paper, ashes, furniture, tin cans, glass, crockery, masonry, tires or petroleum products including waste oil.

§ PS 1-502 Open burning.

Generally. A person may not cause or permit open burning except as provided in this Subtitle.

(b)

Discretion of Control Officer or Fire Marshal. A person may not knowingly cause or permit open burning as allowed by this Subtitle when, in the sole discretion and judgement of either the Control Officer or the Fire Marshal:

A condition of air stagnation exists;

Any national or state ambient air quality standard may be violated;

The open burning causes unreasonable interference with a person's health, safety, comfort, or use or enjoyment of their real property;

The open burning creates a nuisance; or

(5)

The open burning is conducted without a required permit issued pursuant hereto.

(c)

Supervision. All open burnings as allowed by this Subtitle shall remain under supervision until completely extinguished. Supervision shall include the tending thereof by sufficient personnel who are adequately equipped and trained.

§ PS 1-503 Application for open burning permit; restrictions on permitted open burning.

Permitted activities. Except as provided in this Subtitle, a permit shall be obtained from the Department prior to any open burning, including, but not limited to:

Open burning for the protection of public health or safety when other means for disposing of hazardous waste materials are not available, including the burning of hazardous waste authorized under federal or state law or regulation; or

Open burning of pest-infested crops or products and agricultural burning that is necessary for animal disease control, provided that the applicant documents to the satisfaction of the Control Officer or the Fire Marshal that prescribed burning is the most effective method to achieve this purpose; or

Open burning for good forest resource management practices as approved by the appropriate federal or state agency, provided that the applicant documents to the satisfaction of the Control Officer or the Fire Marshal that prescribed burning is the most effective method to achieve this purpose; or

Any other open burning allowed by federal or state law or other regulation.

(b)

Site plan. A site plan for the open burning with measured distances shall be submitted and approved by the Department or the Fire Marshal.

(c)

Determination by Control Officer or Fire Marshal. Prior to the issuance of a permit, the Control Officer or the Fire Marshal shall determine that:

There is no practical alternate method to dispose of the material to be burned or to conduct the desired activities;

A hazardous condition or air pollution or nuisance will not be created;

Fire control laws or regulations of other governmental agencies will not be violated;

Materials which produce dense smoke when burned, including, but not limited to, tires and roofing materials, will not be burned; and

(5)

The material shall have originated on the premises on which it is to be burned.

(d)

Other conditions. The Control Officer or the Fire Marshal may impose other conditions, including the provision of the fire protection equipment, in order to minimize creation of smoke, to prevent nuisances and air pollution, and to protect the health, safety, comfort and property of any persons.

(e)

Cash bond. The applicant may be required by the Control Officer or the Fire Marshal to post a cash bond in an amount sufficient to guarantee the costs necessary to pay costs incurred by the local fire company nearest to the open burning site to stand by and to extinguish the open burning if necessary.

(f)

Fees. Fees may be set by resolution of the County Commissioners, and such fees may include an inspection fee.

(g)

Inspections. The Department or Control Officer may require an inspection of the proposed open burning site, or may require that the proposed open burning site be inspected by the Fire Marshal, prior to any open burning.

(h)

Notice to Emergency Services. A person may not cause or permit open burning allowed by this section without giving notice to Emergency Services.

(i)

Extinguishing upon notification. Upon notification to the permittee by the Control Officer or the Fire Marshal, open burning shall be extinguished immediately. Expenses for the extinguishment are the responsibility of the person who caused the burning.

(j)

Auxiliary fuel. Tires, waste oil, or any oil heavier than Number 2 fuel oil may not be used as an auxiliary fuel to initiate open burning. Only the minimum amount of auxiliary fuel needed to initiate open burning shall be used.

(k)

Distance. Open burnings permitted by this section may not be:

Within five hundred yards of any occupied building or public road. At the discretion of the Control Officer or the Fire Marshal, this distance may be increased. If open burning is to be conducted closer than five hundred yards from an occupied building or public road, the permittee shall contract with the local fire company nearest to the open burning to extinguish the open burning. Expenses for the extinguishment are the responsibility of the person who caused the burning.

In any area in which the housing density is one housing unit per acre or greater, or in any area adjacent to which the housing density is one housing unit per acre or greater.

(l)

Waivers. The Control Officer or the Fire Marshal may, in their discretion, waive the provisions of this section, with the exception that Subsections (c), (h), (i), and (j) hereof may not be waived.

(m)

Permit. The Department shall not issue a permit unless approved by the Fire Marshal or Control Officer.

§ PS 1-504 Open burning exemptions.

Exemptions. Except as provided in this Subtitle, open burning, in conformance with other governmental fire control ordinances and provided no nuisance or air pollution is created, is allowed with permission as follows:

Open burning for the instruction of public firefighters or industrial employees under the supervision of an appropriate fire control official, including, but not limited to, the burning of wooden buildings for fire-fighting instruction conducted by a bonafide fire company chartered pursuant to the Worcester County Code, provided that the fire company official documents that all refuse has been removed from any building subject to burning prior to the burning. Burning of materials that pollute the air is not permitted. The fire company control burn must be an official function and this subsection may not be used to avoid other sections of this Subtitle.

In those areas where no provision is made for public collection of leaves, open burning of leaves originating on the premises, by householders, is allowed, provided that leaves are not burned at locations closer than two hundred feet from any neighboring habitable dwelling or place where people work or congregate;

In those areas where no provision is made for public collection of refuse, open burning of ordinary household trash originating on the premisses, excluding commercial establishments, by householders is allowed provided that:

Materials are not burned which create dense smoke (emissions of greater that forty percent opacity); and

Refuse may not be burned at locations closer than two hundred feet from any neighboring habitable dwelling or place where people work or congregate;