§ 9-22. Permissible open burning.

(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 conditions are met:

(1)

The burning takes place on the premises of the private property; and

(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; and

(3)

No burning shall take place within twenty-five (25) feet of any public or private right-of-way; and

(4)

No regularly scheduled public collection service for such trimmings is available at the adjacent street or public road.

(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; and

(2)

Animal carcasses or animal wastes are not burned; and

(3)

Garbage is not burned; and

(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; and

(5)

No burning shall take place within twenty-five (25) feet of any public or private right-of-way; and

(6)

No regularly scheduled public collection service for such trimmings is available at the adjacent street or public road.

(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, or from any other clearing operations which may be approved by the county office of emergency services, provided 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 county office of emergency services;

(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; and

(8)

A permit is obtained from the office of emergency services pursuant to the provisions of section 9-25.

(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 county office of emergency services; no other site shall be used without the approval of these officials. The county office of emergency services shall be notified of the days during which the burning will occur.

(6)

A permit is obtained from the office of emergency services pursuant to the provisions of section 9-25.

(Ord. No. 97-3, 3-4-97)

(Ord. No. 97-3, 3-4-97)