7 Del. Admin. Code § 1113-6.0

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

Section 1113-6.0 - Allowable Open Burning

6.1 Open burning, as permitted by this regulation, may be conducted without prior approval of the Department, except as provided in 5.1, 5.3, 6.2.2, 6.2.3, and 6.2.4 of this regulation.

6.2 Subject to other restrictions in this regulation, open burning may occur for the exclusive purposes of:

6.2.1 Domestic burning of brush, branches, and limbs that have been cut from trees or shrubbery originating on the premises and conducted by individuals domiciled in a private dwelling on the premises, of a size no greater than 27 cubic feet of material, in total, to be burned and where burning is conducted as far as practicable from any adjacent property;

6.2.2 Clearing land in agricultural use and clearing land in silvicultural operations of vegetative material in order to cultivate or to prepare the soil for the purpose of producing crops or supporting livestock, provided that:

6.2.2.1 The applicant notifies and provides the Department with information regarding the proposed open burning activity on the Department's approved form; and

6.2.2.2 Approval to burn is given in writing by the Department before such burning takes place; and

6.2.2.3 The ability to utilize open burning for purposes of clearing land pursuant to 6.0 of this regulation shall not apply to land on which residential, industrial or commercial house, dwellings or other structures are constructed with a period of five years after the land clearing by burning takes place. In the event a person is found to have violated the requirements of 6.2.2 of this regulation, in that actions are taken after the burn so that the burn no longer qualifies as allowable because it falls outside the scope of this exception, the Department, in addition to pursuing an enforcement action for violating this regulation, may recover through its enforcement action an amount equal to the savings that the violator incurred by clearing the land by burning as opposed to using traditional clearing methods.

6.2.3 Maintaining the land which includes perimeter field maintenance and crop residue management in continued agricultural operations to produce crops or support livestock, provided that:

6.2.3.1 The applicant notifies and provides the Department with information regarding the proposed open burning activity on the Department's approved form; and

6.2.3.2 The applicant receives confirmation by the Department of receipt of the complete application before such burning takes place.

6.2.4 Prescribed burning for conservation practices, wildlife habitat management, or plant, pest, or disease control, provided that:

6.2.4.1 The applicant documents to the satisfaction of the Department that prescribed burning is the most effective method to achieve this purpose; and

6.2.4.2 Approval to burn is given by the Department before such burning takes place;

6.2.5 The demolition by intentional burning of a structure solely for fire fighting instruction conducted by authorized fire companies, provided that:

6.2.5.1 The fire company documents to the satisfaction of the Department that all building fixtures such as hot water heaters, boilers and air conditioning units, all materials including household appliances or refuse, have been removed from the building prior to burning any portion of the building; and

6.2.5.2 The fire company documents that any internal asbestos containing materials (including pipe coverings and other insulation) and any external asbestos containing materials (including siding) have been removed from the building prior to burning any portion of the building, and that the 10-day notification of this demolition activity, as required by EPA and the Department has been submitted; and

6.2.5.3 The fire company documents that it is familiar with the Delaware State Fire Prevention Regulations and it will comply with those regulations and all other applicable health and safety regulations; and

6.2.5.4 Permission to burn is given by the Department before such burning takes place.

6.2.6 Fire fighting instruction that involves burning materials other than structures (e.g. vegetation-wild land fires; fuels used to simulate industrial scale fires) by established fire companies or government agencies (e.g. Delaware Forest Service), provided that:

6.2.6.1 The applicant documents to the satisfaction of the Department that burning is the most effective method to achieve this purpose; and

6.2.6.2 Approval to burn is given by the Department before such burning takes place.

04/11/2007

7 Del. Admin. Code § 1113-6.0