§ 5. OUTDOOR BURNING

A.

GENERAL PROHIBITION OF OUTDOOR BURNING

No person may cause, suffer, allow, or permit any outdoor burning within the City of Santa Fe, except as provided by the Texas Clean Air Act, the Texas Commission on Environmental Quality (TCEQ), rules and orders, and this section.

B.

DEFINITIONS

Unless specifically defined in the Texas Clean Air Act (TCAA) or in the rules of the Texas Commission on Environmental Quality (TCEQ), the terms used by the commission have the meanings commonly ascribed to them in the field of air pollution control. In addition to the terms which are defined by the TCAA, the following terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1)

Air Curtain Incinerator (ACI): An incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor.

(2)

Bonfire: An outdoor fire utilized for ceremonial purposes.

(3)

Extinguished: The absence of any visible flames, glowing coals, or smoke.

(4)

Fire Code Official: The Fire Marshal or his designated authority charged with the administration and enforcement of the City Fire Codes or a duly authorized agent.

(5)

Fire Watch: A temporary measure intended to ensure continuous and systematic surveillance of a building, portion thereof or a burn site by one (1) or more generally qualified individuals for the purposes of identifying, detecting fires, raising alarms of fire and notifying the fire and police departments.

(6)

Land Clearing Operation: The uprooting, cutting, or clearing of vegetation in connection with conversion for the construction of buildings, rights-of-way, residential, commercial, or industrial development, or the clearing of vegetation to enhance property value, access or production. It does not include the maintenance burning of on-site property wastes such as fallen limbs, branches, or leaves, or other wastes from routine property clean-up activities, nor does it include burning following clearing for ecological restoration.

(7)

Nuisance: Any act, thing, occupation, condition or use of property which is of such a nature and continues for such length of time as to substantially annoy or endanger the comfort, health, repose, or safety of the public. No person shall discharge from any source whatsoever one (1) or more air contaminants or combinations thereof, in such concentration and of such duration as are or may tend to be injurious to or to adversely affect human health or welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property.

(8)

Open Burning: The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses typically considered open flames or recreational fires. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimney's necessary to provide combustion air and permit the escape of exhaust gas are open.

(9)

Practical Alternative: An economically, technologically, ecologically and logistically viable option.

(10)

Prescribed Burn: The controlled application of fire to naturally-occurring vegetative following appropriate planning and precautionary measures.

(11)

Recreational Fire: An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbeque grill or barbeque pit and has a total fuel of three (3) feet or 914 mm or less in diameter and two (2) feet or 610 mm or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.

(12)

Sensitive Receptor(s): A man-made structure utilized for human residence, business, the containment of livestock, or the housing of sensitive live vegetation. The term does not include such things as range fences, roads, bridges, or facilities used solely for the storage of hay or other livestock feeds. The term "sensitive live vegetation" is defined as vegetation which has potential to be damaged by smoke and heat.

(13)

Site: One (1) or more contiguous or adjacent properties that are under common control of the same person, or persons under common control.

(14)

Sunrise/Sunset: Official sunrise/sunset as set forth in the United States Naval Observatory tables available from National Weather Service Offices.

(15)

Traffic Hazard: Any act, thing, condition or use of property that unlawfully and substantially interferes with, obstructs or tends to obstruct, or renders dangerous for passage of any street, alley, highway, roadway, or other public way.

(16)

Wild Land: Uncultivated land other than fallow, land minimally influenced by human activity, and land maintained for bio-diversity, wildlife forage production, protective plant cover or wildlife habitat.

C.

EXCEPTIONS

(1)

FIREFIGHTER TRAINING

Outdoor burning shall be authorized for training fire-fighting personnel when authorized by the Fire Marshal. Such burning does not have to conform to the general requirements for other forms of allowable burning.

(2)

RECREATION, COOKING, OR WARMTH

Outdoor burning shall be authorized for "camp fires" used solely for recreational purposes, or the preparation of food, or exclusively for the purpose of supplying warmth during cold weather.

(3)

DISPOSAL OR LAND CLEARING DEBRIS BY CITY, ITS AGENT OR PUBLIC.

(a)

Domestic Waste

The burning of domestic waste is generally prohibited. However, when authorized, limited types of domestic waste may be burned when restricted to the following materials and conditions:

(i)

The waste may is burned at a property designed for and used exclusively as a private residence or duplex residence housing not more than two (2) families, and when the waste is generated only from the residential use occurring on the property.

(ii)

The waste is restricted to the following materials: fallen limbs, trunk or branches of a tree, landscaping trimmings, brush, untreated, unprocessed wood products. Such burning of wood products containing manufacturing resins, binders, glue, biological growth inhibitors or insecticides is prohibited. Limited domestic waste shall not include any materials prohibited by any other provision of this section.

(iii)

Other conditions of allowable burning in paragraph "d" of this section do not apply to the burning of limited domestic waste. However, burning of such waste may not cause a nuisance condition or traffic hazard. Furthermore, some substantial means of containing or controlling the fire must be utilized or be provided immediately available to the person supervising the fire. For example, a charged water hose, sand supply, front-end loader or other sufficient means to control the fire must be immediately available. Burn barrels and similar containers are specifically prohibited.

(iv)

The total domestic material that may be burned in any twenty-four-hour period shall be restricted to three (3) cubic yards of un-compacted volume per domestic parcel or tract of land.

(b)

Diseased Animal Carcasses

Diseased animal carcasses may be burned when diseased animal carcass burning is the most effective means of controlling the spread of disease. Such outdoor burning may only be authorized with a permit issued by the City Fire Marshal.

(c)

Maintenance or Land Clearing

Trees, brush, and other plant growth may be burned on-site for right-of-way maintenance, land clearing operations, when no practical alternative to burning exist and when the materials are generated from property on which the burning occurs. Such burning shall be subject to the General Requirements for Allowable Burning established by subsection D of this section; TCEQ, Chapter 111, Control of Air Emissions from Visible Emissions and Particulate Matter, Sub-Chapter B, Outdoor Burning; TCEQ, Chapter 106, Permit by Rule, Title 30, Texas Administrative Code, 106.496, Air Curtain Incinerators authorizing trench burners and above ground fireboxes; and, TCEQ Regulatory Guidance, Small business and Environmental Assistance Division, RG-422 for "Outdoor Burning: A guide for local governments". Maintenance or land clearing outdoor burning shall only be authorized with a permit issued by the City Fire Marshal or designee consistent with these standards and guidelines.

(d)

Brush, Trees, and debris removed by the City

Brush, trees and debris causing a detrimental public health and safety condition may be burned by the City of Santa Fe at a site it owns upon receiving site and burn approval from the executive director of the TCEQ. Such a burn can only be authorized when there is no practical alternative, and it may be done no more frequently than once every two (2) months. Such burns cannot be conducted at municipal solid waste landfills unless authored by the Executive Director of the TCEQ and shall be subject to the requirements of subsection D of this section.

(e)

Burn Permit

A burn permit is required for all authorized burning (residential and commercial) within the city limits. Burn permit requests for non-residential purposes shall require a "trench burn" permit.

(f)

Camp Fires & Outside Cooking

A permit is not required when a fire is authorized under subsection C(2) "Exception for Recreation, Cooking, or Warmth" when the following conditions are observed at the fire site:

(i)

The fire (recreational and private) is contained wholly within the confines of a steel, stone or masonry structure such as a fireplace, lined fire pit, barbeque cooker, smoker or similar formal structure designed to control and contain the fire. Barrels and metal trash burners are prohibited.

(ii)

The structure (campfires and bonfires) is surrounded by paving or bare packed earth to a distance no less than twelve (12) feet or is shielded from surrounding or nearby combustibles by a masonry fire barrier of sufficient breadth and height to eliminate ordinary risk of exposure to such surroundings.

(iii)

The fuel is restricted to seasoned and sized firewood, solid fuels designed and manufactured as fuels or fuel gases and liquid fuels when burned in devices approved by code for such fuels.

The Fire Marshal shall be authorized to vary the terms of any burn permit when he shall determine doing so is in the best interest of public safety and welfare.

(4)

OTHERWISE PROHIBITED BURNING

A one-time outdoor burning may be authorized with a permit issued by the City Fire Marshal or his designee if the following conditions are met:

(a)

A permit is not otherwise authorized by this section,

(b)

There is no practical alternative,

(c)

The burn will not cause or contribute to a nuisance, traffic hazard or to a violation of any federal or state primary or secondary ambient air standard.

(5)

EMISSION ABATEMENT

The city council may specify procedures or methods to control or abate emissions from outdoor burning authorized pursuant to this rule. Authorization to burn may be revoked by the City Fire Marshal or his designee at any time if the burning causes nuisance conditions, violates any provision of an applicable permit, or causes a violation of any air quality standard.

(6)

PERMIT FEES

Burning permit fees shall be as established by council resolution. Additional fees attributable to the direct cost of monitoring burning, authorized under subsection C(3)(b), "Diseased Animal Carcasses" and subsection C(3)(c) "Maintenance or Land Clearing" and subsection C(4) "Exception for Otherwise Prohibited Outdoor Burning" may consist of the cost of the labor and/or overtime cost of a full or part-time inspector, the cost of stand-by fire equipment and personnel and other costs directly related to the monitoring of a burn. The city may charge a surcharge of up to ten percent (10%) of the additional fees as administrative expense.

A permit shall be issued and the fees waived by the City Fire Marshal for the following:

(a)

Firefighter Training

(b)

Brush, Trees and debris removed by the City (trench burn permit)

D.

GENERAL REQUIREMENTS

(1)

All air-curtain incinerator type burn activities shall require an on-site inspection by the Fire Marshal prior to burning.

(2)

Burning must be commenced and conducted only when wind direction and other meteorological conditions are such that smoke and other pollutants will not cause adverse effects to any public road, landing strip, or off site structure containing sensitive receptor(s).

(3)

If at any time the burning causes or may tend to cause smoke to blow onto or across a road or highway, it is the responsibility of the person initiating the burn to post men with flags to warn motorists on affected roads.

(4)

Burning must be conducted downwind of or at least three hundred (300) feet from any structure containing sensitive receptors located on adjacent properties unless prior written approval is obtained from adjacent occupant with possession or control.

(5)

Burning shall be conducted in compliance with the following meteorological and timing considerations:

(a)

The initiation of burning shall commence no earlier than one (1) hour after sunrise. Burning shall be completed on the same day not later than one (1) hour before sunset, and shall be attended by responsible party at all times during the active burn phase, when the fire is progressing. In cases where residual fires and/or smoldering objects continue to emit smoke after this time, such areas shall be extinguished if the smoke from these areas has the potential to create a nuisance or traffic hazard condition. In no case shall the extent of the burn area be allowed to increase after this time.

(b)

Burning shall not be commenced when surface wind speed is predicted to be less than six (6) miles per hour (m.p.h.) (five (5) Knots) or greater than twelve (12) m.p.h. (10.4 knots) during the burn period.

(c)

Burning shall not be conducted during periods of actual or predicted persistent low-level atmospheric temperature inversions.

(d)

The burn shall be monitored continuously by a responsible person who shall maintain the burn within their field of view at all times. Equipment and fire control methods, pre-approved by the, City Fire Marshal or his designee shall be maintained at the fire site at all times until the fire is extinguished.

(6)

Electrical insulation, treated lumber, plastics, clothing, cloth and fabrics, furniture, carpet, and appliances non-wood construction/demolition materials, heavy oils, asphalt type materials, potentially explosive materials, chemicals wastes, and items containing natural or synthetic rubber must not be burned. The preceding list is intended to be indicative and not an exhaustive list of prohibited materials.

(7)

All burning authorized by the City Fire Marshal or his designee under the provisions of subsection C.(3)(b), "Diseased Animal Carcasses" and subsection C.(3)(c) "Maintenance or Land Clearing" and subsection C.(4) "Exception for Otherwise Prohibited Outdoor Burning", shall be by trench burning. The equipment used for such burning shall be licensed under the regulations of the TCEQ and the operator shall comply with TCEQ regulations for air curtain incinerator trench burning and above ground fire-boxes.

E.

RESPONSIBILITY

The authority to conduct outdoor burning under this section does not exempt or excuse any person responsible from the consequences, damages, or injuries resulting from the burning and does not exempt or excuse anyone from complying with all other applicable laws or ordinances, regulations, and orders of governmental entities having jurisdiction, even though the burning is otherwise conducted in compliance with this section.

F.

ENFORCEMENT

(1)

Enforcement of this section shall be the responsibility of the City Fire Marshal or his designee. The City Fire Marshal or his designee shall have the authority to issue citations for any violations of this section. If the subject cited is not present, the City Fire Marshal or his designee may leave the citation at the residence of the subject or send the citation to the subject by registered or certified mail. Furthermore, at the discretion of the City Fire Marshal or his designee, any fire which is deemed to be in violation of this section or is determined to be a nuisance, a traffic hazard, or endangering a neighboring property containing sensitive receptors, or deemed to be an endangerment to public health or safety, may be grounds for ordering a fire to be extinguished. It shall be unlawful for any person to interfere with any the City Fire Marshal or his designee in the performance of his duties.

(2)

In the event of drought, environmental health or safety conditions, or other environmental conditions aggravated by the by-products or processes of combustion, the City Fire Marshal or his designee may declare a burning moratorium. A burning moratorium shall apply to all forms and types of burning except that type listed in paragraph C(2) "Exception for Recreation, Cooking, or Warmth" of this section. Under extraordinary conditions, a burning ban may be declared by the City Fire Marshal or his designee. A burning ban shall include all forms of burning without exception.

(3)

In the absence of the City Fire Marshal or his designee, the director of public safety or director of code enforcement may assume the enforcement responsibilities of this section.

G.

PENALTY FOR VIOLATIONS

Any person, firm, or corporation who shall violate any of the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined in an amount consistent with City of Santa Fe, Texas, City Code, Article 1, Section 5, General penalty for violation of code in an amount not to exceed two thousand dollars ($2,000.00) per violation, with each continuing days violation constituting a separate offense.

(Ordinance No. 05-2006 of Mar. 9, 2006, Sec. 5)