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Open Burning in Clay Township

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Open Burning  
What does Ohio EPA consider "open burning"? Any time you light an outdoor fire you are open burning.`
Why do Ohio's laws prohibit so many kinds of open burning? Depending on the burning material, open fires can release many kinds of toxic fumes. Leaves and plant materials send aloft millions of spores when they catch fire, causing many people with allergies to have breathing problems. Open burning also makes it hard to maintain, health-based air quality standards, especially in or near major metropolitan areas. Gases released by open burning can also damage neighboring buildings by corroding metal siding and damaging paint.
What materials can never been burned? These materials may not be burned anywhere in the state at any time:"
 
bulletmaterials containing rubber, grease, and asphalt or made from petroleum, such as tired, cans and auto parts, plastics, or plastic coated wire;
bulletgarbage--any wastes created in the process of handling, preparing, cooking, or consumption of food; and
bulletdead animals.
Where is burning illegal? Open burning is not permitted in restricted areas (There are only a few exceptions). The restricted areas are:
 
bulletwithin the boundaries of any municipal corporation;
bulletwithin corporation limits and a 1,000 foot zone outside any municipal corporation having a population of 1,000 to 10,000; and
bulletwithin corporation limits and a one-mile zone outside any municipal corporation with a population of more than 10,000.
What types of open burning are permitted anywhere? A few types of open burning are permitted everywhere, even in restricted areas. Fires must be kept to a minimum size for their intended purpose, and shall not be used for waste disposal purposes.

Within a Restricted Area--Permitted burning includes:

bulletcooking for human consumption (barbecues, campfires, cookouts);
bulletheating tar;
bulletwelding and acetylene torches;
bulletsmudge pots and similar occupational needs; and
bulletheating for warmth of outdoor workers and strikers. Use common sense; use only clean wood and restrict the size of the fire so it can be contained in a 55-gallon drum.

By notifying Ohio EPA in advance, ceremonial fires can be set for limited periods of time. Fires must be limited in size to 5 by 5 feet and may not burn for more than three hours.

With prior written permission from the Ohio EPA other fires may be set. Keep in mind that permission may take from 2 to 3 weeks to obtain.

Outside a Restricted Area:

Outside a restricted area, the following types of wastes generated on the premises can be burned:

bullet Agricultural wastes: material generated by crop, horticultural, or livestock production practices. This includes fence posts and scrap lumber but not buildings.
bulletLandscape wastes: plant matter such as tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings, and crop residues.
bullet land-clearing wastes: plant matter which is removed when land is cleared for residential, commercial, or industrial development. This material may be burned only under certain circumstances and WITH PRIOR WRITTEN PERMISSION from Ohio EPA.
bullet Residential waste: wastes such as wood or paper products that are generated by one, two, or three family residences. Garbage may not be open burned.
bulletHowever no open burning can take place within 1,000 feet of an inhabited building located off the property where the fire is set. Nor can the fire obscure visibility for roadways, railroad tracks or air fields.
bulletNo wastes generated off the premises may be burned. Tree trimmers, for example, may not haul branches and limbs to another site to burn them.
bulletOpen burning is prohibited when air pollution warnings, alerts, or emergencies are in effect.
Can a community enact local ordinances to allow open burning? Local ordinances cannot be less strict than the state law described in the pamphlet this material was taken from. They can be more strict, however.
What will happen if you are caught illegally open burning? Ohio EPA has the legal authority to enforce open burning laws. Violations can result in substantial penalties. If you have questions, or would like to report a suspected open burning incident, contact your local Ohio EPA district office or your local air pollution control agency. SWDO (937) 285-6357

Last Modified: April 02, 2007                      Clay Township, 8207 Arlington Rd., Brookville, Ohio 45309