7 Del. Admin. Code § 1113-5.0

Current through Register Vol. 28, No. 1, July 1, 2024

Section 1113-5.0 - Season and Time Restrictions

5.1 No person shall cause or allow any open burning from May 1 through September 30, without prior written approval by the Department. The Department may grant approval to conduct open burning between May 1 and September 30 for circumstances that threaten the health, safety, or welfare of a person or persons.

5.1.1 The applicant must demonstrate to the satisfaction of the Department that such circumstances pose a more serious threat than the health threat posed by the open burning; or

5.1.2 The applicant will consult with the Delaware Department of Agriculture to insure that the proposed open burning activity meets best management practices prior to the Department approving requests for an emergency agricultural/silvicultural open burning activity during the ozone season; and

5.1.3 Approval will be granted by the Department to applicants on a case-by-case basis.

5.2 No person shall cause or allow open burning, as permitted by this regulation, except between the hours of 8 a.m. and 4 p.m.

5.3 Burning outside of the hours permitted in 5.2 of this regulation may only be conducted, if the person causing or allowing the fire meets the following criteria:

5.3.1 In order to burn during extended hours, the person causing or allowing the open burn must submit an application to the Department containing documentation sufficient to satisfy the Department that burning outside of the permissible hours will lead to smoke reduction, or a more efficient, complete, or safer burn; and

5.3.2 Approval to burn during extended hours is given by the Department before such burning takes place.

04/11/2007

7 Del. Admin. Code § 1113-5.0