Section 5I-2.004 - Open Burning Not Allowed(1) Listed below are the types of open burning not allowed in Florida: (a) Any open burning disallowed by rule chapters 5I-2 and 62-256, F.A.C., or chapters 403 and 590, F.S.(b) Open burning of biological waste, hazardous waste, asbestos containing materials, mercury-containing devices, pharmaceuticals, tires, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, or trash other than yard trash as provided in subsection 62-256.700(1), F.A.C., except that structures may be burned for the training of fire fighters in accordance with subsection 62-256.700(4), F.A.C.; waste pesticide containers may be burned in accordance with subsection 62-256.700(5), F.A.C.; polyethylene agricultural plastic and untreated wood pallets used in agriculture may be burned in accordance with subsection 62-256.700(7), F.A.C.; and animal carcasses may be burned in accordance with subsection 62-256.700(6), F.A.C.(c) Open burning that reduces visibility at a public airport, unless the airport in question has been contacted and has agreed to control air traffic during burning activities to avoid any possible smoke related problems.(d) Open burning when an air pollution episode exists or is forecast to occur.(e) Open burning during a National Weather Service Air Stagnation Advisory.(f) Open burning which reduces visibility on paved public roadways to less than one thousand (1, 000) feet unless the regulating authorities have agreed to control traffic, or have delegated the authority to control traffic.(g) Burning in smoke sensitive areas between one hour before sunset and 9:00 a.m. the next day.(h) All open burning when the Florida Forest Service determines that the fire poses a threat to public health, safety, and property protection.(i) Open burning when the Florida Forest Service determines that atmospheric or meteorological conditions indicate improper dispersion of smoke that threatens public health, safety, or general welfare; or which would obscure visibility of vehicular or air traffic; or violates the condition of the authorization, or burning prescription.(2) Open burning authorizations will be denied to any burner who repeatedly violates Florida law or agency rules. This denial remains in effect until the concern that caused the denial has been mitigated in consultation with the Florida Forest Service District/Center Manager.Fla. Admin. Code Ann. R. 5I-2.004
Rulemaking Authority 570.07(23), (28) FS. Law Implemented 570.07(28), 570.548, 590.02(1)(b), 590.125(2), (3) FS.
New 7-1-71, Formerly 17-5, Amended 7-1-75, Formerly 5I-2.04, Amended 9-8-93, 8-16-95, 10-18-99, 10-31-05, 12-16-08.New 7-1-71, Formerly 17-5, Amended 7-1-75, Formerly 5I-2.04, Amended 9-8-93, 8-16-95, 10-18-99, 10-31-05, 12-16-08.