§ 27-286. Open burning requirements.
(a)
General Requirements. The following requirements and limitations apply to all open burning activities that are allowed under this section:
(1)
Any open burning that is allowed by this article is restricted to the site where the material to be burned was generated and may not be transported to another property to be open burned, with the exception of vegetative debris generated by a natural disaster and recreational campfires or bonfires.
(2)
Distance From Occupied Buildings: Except as otherwise restricted in this article, no open burning will be allowed unless it is a minimum of three hundred (300) feet distant from any occupied building. This requirement may be waived if permission is obtained in writing, using the form provided by the EPGMD, from the occupant(s) of said building. This setback requirement does not apply to open burning for the training of firefighters.
(3)
Distance From Public Highway: No open burning will be allowed unless it is a minimum of one hundred fifty (150) feet distant from any public highway, measured from the material to be burned to the center line of the highway. This setback requirement does not apply to open burning for the training of firefighters.
(4)
Time Period: Except in the case of a ceremonial or recreational bonfire, open burning will be allowed only between 9:00 a.m. and not later than one (1) hour before sunset.
(5)
Temporary suspension of open burning. The EPGMD may require a temporary suspension of open burning activities that are causing a nuisance as determined from complaints received by the EPGMD or by the EPGMD observations.
(b)
Operation of air curtain incinerators. The following rules apply to the operation of air curtain incinerators for open burning of hurricane, tornado, fire, or other disaster-generated vegetative debris as provided in subsection 27-285(a)(3):
(1)
The open burning must meet a setback distance of one thousand (1,000) feet or more from any occupied building. An exception to allow a setback distance of not less than three hundred (300) feet for air curtain incinerators shall be granted by the EPGMD if the owner or operator obtains a signed statement from all affected residents or building occupants within the setback area that waives their objections to the open burning. The written waiver shall be on the form provided by the EPGMD.
(2)
The open burning must meet a setback distance of one hundred fifty (150) feet or more away from any public highway or road measured from the material to be burned to the center of the highway.
(3)
If the air curtain incinerator is equipped with refractory-lined walls, charging shall begin no earlier than sunrise and must end no later than one hour after sunset. If the air curtain incinerator is not equipped with refractory-lined walls, charging shall begin no earlier than 8:00 a.m. and must end no later than one hour after sunset. After charging ceases, air flow shall be maintained until all material within the air curtain incinerator has been reduced to coals, and flames and smoke are no longer visible. In the event that ash and other material removed from the pit continues to smolder and produce smoke, quenching with water or other measures must be taken immediately to extinguish the burning. The EPGMD may grant exceptions to these restrictions on hours of operation consistent with provisions of an Emergency Order issued by the Florida Department of Environmental Protection or the Governor of the State of Florida.
(4)
The open burning shall be attended at all times while material is being burned or flames and smoke are visible within the incinerator.
(5)
A detailed operation and maintenance plan must be available to the operator at all times. The plan must contain procedures for minimizing adverse air quality impact from operation of the incinerator. The owner or operator must provide training to all staff on proper operation of the air curtain incinerator before they work at the site. A copy of the operation and maintenance plan shall be available onsite for inspection by the EPGMD.
(6)
The owner or operator shall implement the following measures to prevent accidental fires in the vegetative debris piles and to suppress accidental fires that may occur:
a.
Vegetative debris piles shall not exceed the following dimensions:
Width: Fifty (50) feet
Area: 10,000 square feet
Height: Eighteen (18) feet
There shall be a space of at least fifty (50) feet between debris piles, on all sides, to allow vehicle and equipment access and to prevent the spread of accidental fires. Unobstructed access for emergency vehicles shall be maintained at all times.
b.
Each air curtain incinerator shall be set back at least one hundred fifty (150) feet from vegetative debris piles, with the exception that each air curtain incinerator shall be set back at least fifty (50) feet from the vegetative debris burn pile that is being used to actively fuel the air curtain incinerator. The vegetative debris burn pile shall not contain more fuel than can be consumed within a 24-hour period.
c.
At least one water truck with a minimum twenty-five hundred (2500) gallons of water with a pump and Power Take Off (PTO) and fire hose with smooth bore nozzles shall be maintained onsite at all times. In addition, each water truck must be in good working order, and the owner or operator must demonstrate that he or she has trained personnel who know how to operate such equipment. Each water truck shall also be equipped with a portable fire extinguisher.
(7)
The moisture content and composition of the material to be burned shall be favorable to good burning which will minimize air pollution. Wet or green vegetative materials shall not be burned.
(8)
The owner or operator shall limit the material being burned to only vegetative debris.
(9)
The amount of dirt in the material to be burned shall be minimized to enhance combustion and reduce emissions.
(10)
The starter fuel and materials to be ignited shall not produce excessive visible emissions when burned. Tires or other prohibited materials listed in Subsection 27-284(c) shall not be used as starter fuels.
(11)
Air curtain incinerators, regardless of whether they are above-ground refractory-lined boxes or in-ground pit burners, must be designed and operated within the following design constraints:
a.
Pit width, length, and side walls shall be properly maintained so that the combustion of the waste within the pit will be maintained at an adequate temperature and with sufficient air recirculation to provide enough residence time and mixing for complete combustion and control of emissions. Pit width shall not exceed twelve (12) feet, and vertical side walls shall be maintained. Pit depth shall be between eight (8) feet and fifteen (15) feet. Pit length shall be no longer than the length of the manifold.
b.
Ash shall not be allowed to build up in the pit of the air curtain incinerator to higher than one-third the pit depth or to the point where the ash begins to impede combustion, whichever occurs first.
c.
No waste may be positioned to be burned above the level of the air curtain in the pit.
(12)
Visible emissions from the air curtain incinerator shall not exceed ten percent (10%) opacity, six-minute average, except for the first thirty (30) minutes during periods of startup, when visible emissions up to thirty-five percent (35%) opacity, six-minute average, shall be allowed.
(13)
If the EPGMD determines that operation of the air curtain incinerator is creating a nuisance, as determined from complaints received by the EPGMD or by the EPGMD observations, and the air curtain incinerator is otherwise being operated in compliance with the provisions of this article, the EPGMD may require the following:
a.
That operation be restricted to those times when the wind would not transport air curtain incinerator emissions to the affected areas where the nuisance has occurred; and
b.
That a device be installed at the incinerator location to enable the operator to determine current wind direction.
(14)
The air curtain incinerator may not be operated for more than six (6) months at any site from the date of commencing operation.
(c)
Open burning for the training of firefighters.
(1)
Open burning is allowed for the instruction and training of organized firefighters and industrial employees under the supervision of the appropriate public fire control official provided that all such burning is conducted at a fire training center certified by the Department of Financial Services, Division of State Fire Marshal, and does not involve the burning of any asbestos-containing materials, mercury-containing devices, or hazardous waste.
(2)
A structure not on the premises of a certified fire training center may be burned for the instruction and training of organized firefighters provided the following conditions are met:
a.
The burning activities shall be conducted under the auspices of a certified training center or by an organized fire department recognized by the Division of State Fire Marshal. Said activities shall be supervised by a fire training instructor certified by the Division of State Fire Marshal.
b.
The burning shall be conducted in accordance with the National Fire Protection Association document, "Standard on Live Fire Training Evolutions, 2002 Edition (NFPA 1403)," hereby adopted and incorporated by reference, and available from the National Fire Protection Association, P.O. Box 1901, Quincy, MA 02269-9101.
c.
The burning of the structure and disposal of the waste products shall be conducted in compliance with all applicable provisions of 40 CFR 61, Subpart M, "National Emission Standard for Asbestos."
d.
Prior to the structure being burned, all hazardous waste, mercury-containing devices, and vinyl siding shall be removed.
e.
The EPGMD and the Division of Forestry shall be notified at least ten (10) working days in advance of the time and place of the fire training exercise. The notification to the EPGMD shall include the open burning notification form provided by the EPGMD, and shall conform to the asbestos demolition and renovation notification requirements of Section 27-180.
(3)
Open burning for the purpose of training firefighters at public airports is subject to approval by and operational constraints of the appropriate airport authorities.
(Ord. No. 2007-17, § 1, 8-14-07; Ord. No. 2009-56, § 1, 8-25-09)