Section 11-60.1-55 - Agricultural burning or conditionally allowed open burning from subsection 11-601-52(e): "no-burn" periods(a) Except as provided in subsection (f), no person, with or without an agricultural burning permit, shall cause or allow agricultural burning or conditionally allowed open burning from subsection 11-60.1-52(e) when a "no-burn" period has been declared by the director.(b) "No-burn" periods shall be determined by current and forecasted weather conditions which inhibit the dispersion of air pollutants. A no-burn period may be declared if unfavorable meteorological conditions such as high winds, temperature inversions and air stagnation are existing and forecasted to continue or deteriorate. If forecasting is unavailable, "no-burn" periods shall be determined based on visibility.(c) Visibility shall be used as the basis for determining "no-burn" periods when forecasting is not possible or not available. A "no-burn" call based on visibility shall be made under the following conditions: (1) When the director determines that meteorological conditions have resulted in widespread haze on any island or in any district on the island and that these meteorological conditions will continue or deteriorate. For the purposes of this section, widespread haze shall be considered to exist when all visible ridges: (A) Within five to ten miles have a 'smoky" or bluish appearance and colors are subdued; and(B) Beyond ten miles have a blurred appearance;(2) When a "no-burn" period has been declared in a district and smoke from any adjacent district, as determined by the director, may impact on the affected district, the "no-burn" period shall apply to both districts; or(3) On the island of Oahu either when the condition specified in paragraph (1) or (2) occurs or when meteorological conditions have resulted in a rise of the carbon monoxide level exceeding five mg/m3 for an eight-hour average or the PM10 level exceeding one hundred thirty five µg/m3 for twenty-four hours and when the director determines that these meteorological conditions will continue or deteriorate.(d) Verification that widespread haze exists in any district may be accomplished by consultation with department personnel in the appropriate district.(e) Notices of "no-burn" periods for the specified islands or districts may be posted on a department web page and shall apply to a specified "no burn" period.(f) In a district where a long-term "no burn" declaration is in effect, the director may provide a waiver during an agricultural "no burn" period for the control of plant diseases or infestations when burning is determined to be the best available method of control.Haw. Code R. § 11-60.1-55
[Eff 11/26/93; comp 10/26/98; am and comp 9/15/01; comp 11/14/03; am and comp 1/13/12; comp JUN 30 2014] (Auth: HRS §§ 342B-3, 342B-12, 342B-43; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, and 52) (Imp: HRS §§ 342B-3, 342B-12, 342B-43; 42 U.S.C. §§7407, 7416; 40 C.F.R. Parts 50, 51, and 52)Historical note: § 11-60.1-55 is based substantially upon § 11-60-34. [Eff 11/29/82; am, ren § 11-60-34 and comp 4/14/86; am and comp 6/29/92; R 11/26/93]