Section 18.50.065. Open burning.

	(a)  General Requirements.  Except when conducting open burning under (g), (h), or (i) of this section, a person conducting open burning shall comply with the limitations of (b) - (f) of this section and shall ensure that  
		(1) the material is kept as dry as possible through the use of a cover or dry storage;   
		(2) before igniting the burn, noncombustibles are separated to the greatest extent practicable;   
		(3) natural or artificially induced draft is present;   
		(4) to the greatest extent practicable, combustibles are separated from grass or peat layer; and   
		(5) combustibles are not allowed to smolder.  
	(b)  Black Smoke Prohibited. Except for firefighter training conducted under (h) or (i) of this section, open burning of asphalts, rubber products, plastics, tars, oils, oily wastes, contaminated oil cleanup materials, or other materials in a way that gives off black smoke is prohibited without written department approval.  Department approval of open burning as an oil spill response countermeasure is subject to the department's In Situ Burning Guidelines for Alaska, adopted by reference in 18 AAC 50.035.  Open burning approved under this subsection is subject to the following limitations:  
		(1) open burning of liquid hydrocarbons produced during oil or gas well flow tests may occur only when there are no practical means available to recycle, reuse, or dispose of the fluids in a more environmentally acceptable manner;   
		(2) the person who conducts open burning shall establish reasonable procedures to minimize adverse environmental effects and limit the amount of smoke generated; and  
		(3) the department will, in its discretion, as a condition of approval issued under this subsection, require public notice as described in (j) of this section.  
	(c)  Toxic and Acid Gases and Particulate Matter Prohibited.  Open burning or incineration of pesticides, halogenated organic compounds, cyanic compounds, or polyurethane products in a way that gives off toxic or acidic gases or particulate matter is prohibited.  
	(d)  Adverse Effects Prohibited.  Open burning of putrescible garbage, animal carcasses, or petroleum-based materials, including materials contaminated with petroleum or petroleum derivatives, is prohibited if it causes odor or black smoke that has an adverse effect on nearby persons or property.  
	(e)  Air Quality Advisory.  Open burning is prohibited in an area if the department declares an air quality advisory under 18 AAC 50.245 or 18 AAC 50.246, stating that burning is not permitted in that area for that day.  This advisory will be based on a determination that there is or is likely to be inadequate air ventilation to maintain the standards set by 18 AAC 50.010.  The department will make reasonable efforts to ensure that the advisory is broadcast on local radio or television.  
	(f)    Wood Smoke Control and PM-2.5 Nonattainment Areas. Open burning is prohibited between November 1 and March 31 in each wood smoke control area identified in 18 AAC 50.025(b) and in each PM-2.5 nonattainment area identified in 18 AAC 50.015(b)(3). In a PM-2.5 nonattainment area, a local air quality open burn permit program may replace the seasonal open burning prohibition in this section if the program  
		(1) does not cause or contribute to violations of the PM-2.5 ambient air quality standards set out in 18 AAC 50.010; and  
		(2) is part of a local air quality plan included in the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030.  
	(g)  Controlled Burning.  Controlled burning to manage forest land, vegetative cover, fisheries, or wildlife habitat, other than burning to combat a natural wildfire, requires written department approval if the area to be burned exceeds 40 acres yearly.  The department will, in its discretion, require public notice as described in (j) of this section.  
	(h)  Firefighter Training: Structures.  A fire service may open burn structures for firefighter training without ensuring maximum combustion efficiency under the following circumstances:  
		(1) before igniting the structure, the fire service shall   
			(A) obtain department approval for the location of the proposed firefighter training; approval will be based on whether the proposed open burning is likely to adversely affect public health in the neighborhood of the structure;  
			(B) visually identify materials in the structure that might contain asbestos, test those materials for asbestos, and remove all materials that contain asbestos;  
			(C) ensure that the structure does not contain  
				(i) putrescible garbage;  
				(ii) electrical batteries;  
				(iii) stored chemicals such as fertilizers, pesticides, paints, glues, sealers, tars, solvents, household cleaners, or photographic reagents;  
				(iv) stored linoleum, plastics, rubber, tires, or insulated wire;   
				(v) hazardous waste;  
				(vi) lead piping;  
				(vii) plastic piping with an outside diameter of four inches or more; or  
				(viii) urethane or another plastic foam insulation;   
			(D) provide public notice consistent with (j) of this section; and  
			(E) ensure that a fire-service representative is on-site before igniting the structure;  
		(2) the fire service shall ignite and conduct training on only one main structure and any number of associated smaller structures at a time; examples of associated smaller structures are garages, sheds, and other outbuildings; and  
		(3) the fire service shall respond to complaints in accordance with (k) of this section.  
	(i)  Firefighter Training: Fuel Burning.  Unless a greater quantity is approved by the department, a fire service may open burn up to 250 gallons of uncontaminated fuel daily and up to 600 gallons yearly for firefighter training without ensuring maximum combustion efficiency.   To conduct this training without prior written department approval, the fire service shall  
		(1) provide public notice consistent with (j) of this section before burning more than 20 gallons of uncontaminated fuel, unless waived in writing by the department; and  
		(2) respond to complaints in accordance with (k) of this section.  
	(j)  Public Notice.  A person required to provide public notice of open burning shall issue the notice through local news media or by other appropriate means if the area of the open burning does not have local news media.  The public notice must be issued as directed by the department and must   
		(1) state the name of the person conducting the burn;  
		(2) provide a list of material to be burned;   
		(3) provide a telephone number to contact the person conducting the burn before and during the burn;  
		(4) for a surprise fire drill, state   
			(A) the address or location of the training; and   
			(B) the beginning and ending dates of the period during which a surprise fire drill may be conducted (this period may not exceed 30 days); and  
		(5) for open burning other than a surprise fire drill, state the expected time, date, and location of the open burning.  
	(k)  Complaints.   A person required to provide public notice of open burning shall  
		(1) make a reasonable effort to respond to complaints received about the burn;  
		(2) keep, for at least 30 days, a record of all complaints received about the burn, including to the extent feasible  
			(A) the name, address, and telephone number of each person who complained;  
			(B) a short summary of each complaint; and  
			(C) any action the person conducting the open burning took to respond to each complaint; and  
		(3) upon request, provide the department with a copy of the records kept under (2) of this subsection.  

Authorities

46.03.020;46.03.710;46.14.010;46.14.020;46.14.030;44.62.125

Notes

Reference

18 AAC 50.326
18 AAC 50.400

Authority

AS 46.03.020 AS 46.03.710 AS 46.14.010 AS 46.14.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993 Editor's note: As of Register 215 (October 2015), the regulations attorney made a technical correction under AS 44.62.125(b)(6), to 18 AAC 50.065(b).

History

Eff. 1/18/97, Register 141; am 2/28/2015, Register 213; am 3/2/2016, Register 217

References

18.50.065