N.M. Code R. § 20.11.21.12

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.21.12 - OPEN BURNING PROHIBITED

A. Open burning on private or public property (including burning of environmentally poor burning substances and vegetative materials), is prohibited in Bernalillo county unless authorized under Section 13, 14, or 15 of 20.11.21 NMAC. In addition to complying with 20.11.21 NMAC, every person who plans to conduct open burning shall obtain all applicable permits and comply with all applicable restrictions of the Bernalillo county fire department and the Albuquerque fire department, prior to burning.

B. Compliance with 20.11.21 NMAC shall not relieve any person from complying with all other applicable statutes, ordinances and regulations.

C. Open burning allowed under Sections 13, 14, or 15 of 20.11.21 NMAC shall be suspended during declared "no burn periods" during the winter pollution advisory season or when an air pollution health alert is issued. A waiver from the no burn restriction may be granted for extenuating circumstances by following the process in Subsection D of 20.11.21.12 NMAC. A no burn waiver may be rescinded in the event of a health alert.

D. The burner may apply for a waiver by submitting a written application for waiver to the department at least two weeks prior to the planned burn event. The burner shall document the reasons for requesting the waiver in the application for a waiver. The department shall notify the burner no later than one week prior to the planned burn event whether the waiver is granted or denied, and, if denied, the reasons for the denial. The department shall consider each waiver request on a case-by-case basis. An applicant for a waiver may challenge the department's denial of a waiver by following the procedures established in 20.11.21.21 NMAC. A person adversely affected by the department's granting of a waiver may challenge the department's decision by following the procedures established in Subsection B of 20.11.21.21 NMAC.

N.M. Code R. § 20.11.21.12

1/3/85, 12/1/95; 20.11.21.12 NMAC - Rn, 20 NMAC 11.21.I.12 & Repealed, 10/1/02; Rn, 20 NMAC 11.21.II.1, 10/1/02; A, 12/31/03; A, 7/11/11