N.M. Code R. § 20.11.21.13

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

Section 20.11.21.13 - CONDITIONALLY ALLOWED OPEN BURNING WITH A PERMIT

A. Open burning may be allowed for the purposes described in Table I if, prior to burning, an open burning permit has been obtained from: 1. the Albuquerque environmental health department (as required by Subsections B and C of 20.11.21.13 NMAC); and 2. the Bernalillo county fire department or the Albuquerque fire department as applicable.

Table I

OPEN BURNING PERMITS FOR MULTIPLE AND SINGLE EVENTS

Permit Basis		Purpose and Conditions
Multiple Event	Single Event
X	X	1. Timber and forest management (permit required for burns one-quarter acre through 10 acres in size, or up to 1000 cubic feet of pile volume per day).
	X	2. Disease control of dead animals and plants.
X	X	3. Research and development activities (single-event permit required for burns of 2,000 gallons or more liquid fuel or 5,000 pounds or more solid fuel).
Up to 2,000 lbs	Greater than 2,000 lbs	4. Disposal of explosives by burning, to avoid hazards of transport or handling.
Up to 2,000 lbs	Greater than 2,000 lbs	5. Above-ground detonation of more than 20 pounds of explosives.
Up to 35,000 lbs	Greater than 35,000 lbs	6. Below-ground detonation of more than 20 pounds of explosives.
X	X	7. Ignition of rocket motors containing more than 4,000 pounds fuel (single-event permit required for motors containing more than 8,000 pounds fuel).
X		8. Fire fighter and rescue training (fuel and conditions appropriate for the activity). No environmentally poor burning substances may be burned unless essential to simulate the needed training conditions. Training burns shall comply with 20.11.64.11 NMAC and 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants, Subpart M, National Emission Standard for Asbestos.
X	X	9. Hot torch burning of weeds along ditches, channels, public rights of way, or other public property.
X	X	10. Agricultural burning (permit required for burns one-quarter acre through 10 acres in size, or up to 1000 cubic feet of pile volume per day).
	X	11. Any special condition which would otherwise be prohibited but for which there is an unusual need where burning would best serve the public interest overall.

B. A person seeking a multiple or single event permit for the purposes described in Table I shall deliver the following information to the department in letter form or by a department approved electronic notification method at least five business days in advance of the single or multiple event burn:

(1) the requestor's name, address, and telephone number;

(2) location where burning is to be conducted;

(3) type and quantity of ignitable material and fuel; and

(4) additional required information:

(a) date(s) when the burning is to be conducted;

(b) for multiple burn events, the estimated number, character, and schedule of fires to be conducted;

(c) general description of method to ignite, maintain, control, and terminate the burning;

(d) reasons why the requestor believes the burning is necessary;

(e) what alternatives to burning have been considered and why they were not chosen instead of burning; and

(f) for multiple event permits, the number and character of similar fires conducted during the previous permit cycle for which renewed approval is sought.

(5) In the event of an emergency necessitating a single event permit, the above process may be handled by telephone if the department is in agreement and the information is promptly delivered to the department in writing. In case of such emergency, the five-business-day notice requirement may be waived at the discretion of the department. Information supplied to the department relative to planned burning shall be construed to be part of the conditions of the permit issued pursuant thereto. Any later need to deviate from the original plan must be reported to and approved by the department in order to maintain the validity of the permit.

C. Upon receipt of a request for a single event or multiple event open burning permit, the department shall evaluate the application and decide whether to grant the permit, deny the permit or grant the permit with additional conditions that the department believes to be in the best interest of the local community and consistent with the board's intent, to eliminate "environmentally non-essential burning". Multiple event permits shall only be renewed by the department following a re-evaluation of all the information provided in the renewal request. The department shall consider the need to burn, anticipated atmospheric conditions and other factors the department determines are relevant.

D. After evaluation of the applicant's request, the department shall respond to the applicant at least 24 hours in advance of the scheduled open burn event in writing or by a department-approved electronic notification method advising the applicant of its findings, including any additional conditions deemed necessary. In an emergency, preliminary information regarding the department's decision should first be telephoned to the applicant if possible, to expedite issues of immediate need.

E. If an applicant for a permit under 20.11.21.13 NMAC is not satisfied with either the conditions or denial of the applicant's request, the applicant may request an administrative hearing on the merits before the board consistent with 20.11.21.21 NMAC.

F. Any multiple or single event permit issued under this 20.11.21.13 NMAC may be revoked or suspended if the applicant fails to comply with the permit provisions therein, and the permittee may be subject to enforcement actions.

G. For permits issued pursuant to 20.11.21.13 NMAC: Single-event permits shall only be valid for one month and multiple-event permits shall only be valid for one year, unless stipulated otherwise in the permit.

N.M. Code R. § 20.11.21.13

12/1/95; 20.11.21.13 NMAC - Rn, 20 NMAC 11.21.II.2, 10/1/02; A, 12/31/03; A, 7/11/11