This article is adopted pursuant to regulations adopted by the
state commission on environmental quality (TCEQ) under the provisions
of the Texas Clean Air Act (Texas Health and Safety Code section 382.002
et seq.), which grants to cities certain powers to enact and enforce
ordinances regulating air contaminants and air pollution, and is further
adopted to promote fire prevention within the city.
(Ordinance adopted 2/22/10, sec.
1)
For the purpose of this article, the following definitions shall
apply:
Grass or cuttings or trimmings from trees, shrubs, gardens
or lawns, or similar materials.
Magazines, books, brush, pasteboard boxes, rags, paper, straw,
sawdust, packing material, shavings, boxes and all rubbish and refuse
that will ignite through contact with flames of ordinary temperatures.
Any boiler plant, furnace, incinerator, domestic fireplace,
flare, engine or other device used to oxidize solid, liquid or gaseous
fuels.
Waste normally resulting from the function of life within
a residence that can be burned, including such things as kitchen garbage,
untreated lumber, cardboard boxes, packaging (including plastics and
rubber), clothing, grass, leaves, and branch trimmings.
Animal and vegetable waste resulting from the handling, preparation,
cooking and serving of foods, and shall include all putrescent wastes,
including vegetables, animal and poultry offal, and carcasses of small
animals and dead fowls, and shall include all substances from all
public and private establishments and from all residences.
An incinerator is a unit or facility used to burn trash and
other types of waste until it is reduced to ash. An incinerator is
constructed of heavy, well-insulated materials, so that it does not
give off extreme amounts of external heat.
Includes junked automobiles, used automobile tires and damaged
or used household furnishings, as well as non-wood construction debris,
furniture, carpet, electrical wire, and appliances.
Any fire-or smoke-producing process that is not conducted
in a combustible unit.
Any individual, corporation, organization, partnership, business
trust, association or any other legal entity.
An economically, technologically, ecologically and logistically
viable option. Practical alternatives may include recycling, composting,
mechanical chipping or mulching, land-filling, logging, or using a
state registered forced air burner system or air curtain destructor.
The uprooting, cutting or clearing of vegetation in connection
with conversion for the construction of buildings, rights-of-way,
residential, commercial, or industrial development, or the clearing
of vegetation to enhance property value, access or production.
Includes two or more occupied dwellings or buildings located
within 100 feet of each other.
Nonputrescible solid waste (excluding ashes), consisting
of both combustible and noncombustible waste materials. Combustible
rubbish includes paper, rags, cartons, food, excelsior, furniture,
plastics, yard trimmings, leaves, or similar materials; noncombustible
rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture,
and similar materials that will not burn at ordinary incinerator temperatures
(1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit).
Includes debris resulting from construction, reconstruction
or repair of buildings, and includes all waste building materials.
Garbage, rubbish, combustible materials, ashes, street cleanings,
dead animals, abandoned automobiles, and all other solid waste.
A man-made structure utilized for human residence or business,
the containment of livestock, or the housing of sensitive live vegetation.
The term “man-made structure” does not include such things
as range fences, roads, bridges, hunting blinds or facilities used
solely for the storage of hay or other livestock feeds. The term “sensitive
live vegetation” is defined as vegetation that has the potential
to be damaged by smoke and heat, examples of which include, but are
not limited to, nursery production, mushroom cultivation, pharmaceutical
plant production, or laboratory experiments involving plants.
The times when the upper edge of the disk of the sun is in
the horizon, considered unobstructed relative to the location of interest.
Atmospheric conditions are assumed to be average, and the location
is in a level region on the earth’s surface.
Any outdoor burning that is not conducted pursuant to an
exemption provided in this article.
(Ordinance adopted 2/22/10, sec.
3)
(a)
Any person, firm, corporation or business entity violating this article shall be deemed guilty of a class C misdemeanor, and upon conviction thereof shall be in accordance with section 1.01.009 of this code per violation. Each day or fractional part thereof any violation of this code or of any ordinance shall continue shall constitute a separate offense.
(b)
The
penal provisions imposed under this article shall not preclude the
city from filing suit to enjoin the violation. The city retains all
legal rights and remedies available to it pursuant to local, state
and federal law.
(c)
Any
violation of this article shall require a culpable mental state of
“criminal negligence.” A person acts with criminal negligence,
or is criminally negligent, with respect to circumstances surrounding
his conduct or the result of his conduct when he ought to be aware
of a substantial and unjustifiable risk that the circumstances exist
or the result will occur. The risk must be of such a nature and degree
that the failure to perceive it constitutes a gross deviation from
the standard of care that an ordinary person would exercise under
all the circumstances as viewed from the actor’s standpoint.
(Ordinance adopted 2/22/10, sec.
11)
This article shall be cumulative of all laws of the state and
the United States governing the subject matter of this article, now
existing or as hereafter amended.
(Ordinance adopted 2/22/10, sec.
12)
No person shall burn or cause to be burned any grass, trash,
brush, garbage, junk, rubble, rubbish, combustible material, solid
waste or domestic waste within the city except as provided in this
article.
(Ordinance adopted 2/22/10, sec.
2)
Uncontrolled outdoor burning of grass, trash, brush, garbage,
junk, rubble, rubbish, combustible material, solid waste and domestic
waste within the city limits is hereby declared to be a nuisance that
creates conditions that are detrimental to the health, safety, welfare
and property of the citizens of the city and interferes with the enjoyment
of property and the public peace and comfort.
(Ordinance adopted 2/22/10, sec.
4)
No person may cause, suffer, allow or permit any uncontrolled
burning of rubbish, garbage, brush, combustible materials or solid
waste within the city limits. Exceptions: The provisions of this article
shall not apply to the following:
(1)
Outdoor
burning in connection with the noncommercial preparation of food.
(2)
Fires
used solely for recreational purposes or for ceremonial occasions
at events sponsored or conducted by a philanthropic organization,
religious organization, patriotic or veterans association or organization,
educational institution, or civic organization, and which aforementioned
entities are recognized by federal or state law or regulation as a
charitable organization or tax-exempt entity.
(3)
Domestic
burning for heat and cooking within any dwelling unit when contained
in an approved fireplace. Barbeque pits, smokers, LP cookers, or similar
open flame cooking equipment shall not be used in violation of state
law.
(4)
Burning
within an incinerator constructed and maintained in accordance with
the most current edition of the standards and specifications of the
National Fire Protection Association. Burning for the purpose of property
development or land clearing operations shall be by trench burner
or air curtain operations, and shall follow the guidelines set forth
in this article.
(5)
Fires
set for the purpose of training firefighting personnel associated
with the city.
(6)
Burning
for the purpose of removing fire hazards on written approval of the
city fire chief or city fire marshal, or burning when the mayor of
the city has issued an emergency disaster declaration.
(7)
Agricultural
burning for the removal of crops, grass and other vegetable matter
when zoned agricultural, or used for agricultural purposes, and when
located more than 1,000 feet from a residential area or another location
containing sensitive receptors.
(8)
Burning
of brush in areas that are zoned agricultural, or used for agricultural
purposes, when located more than 250 feet from a residential area
or another location containing sensitive receptors.
(Ordinance adopted 2/22/10, sec.
5)
(a)
Nothing
contained in this article shall be construed as permitting any burning
in violation of any rule, regulation or order of the Texas Clean Air
Act or TCEQ rules and regulations.
(b)
Any person desiring to conduct outdoor burning under section 5.04.007(4) through (8) of this article shall apply for and obtain a permit from the city with approval of the city fire chief or city fire marshal. Applications for outdoor burning shall be submitted to the city at least 5 working days prior to the requested burn day. A detailed and accurate site plan shall be submitted for approval with the application. A copy of the permit and all required paperwork shall be maintained at the burn site for the duration of the permit period. Burning for personal use, as identified in section 5.04.007(1) through (3) of this article, does not require a permit. Permits that are issued shall be issued to and may only be used by the original applicant, and may not be assigned or otherwise transferred.
(c)
Burning
shall be commenced and conducted only when wind direction and other
meteorological conditions are such that smoke and other pollutants
will not cause adverse effects to any public road, landing strip,
navigable water or off-site structure containing sensitive receptor(s).
Wind speed shall be a minimum of six miles per hour and a maximum
of 23 miles per hour.
(d)
If
at any time the burning causes or may tend to cause smoke to blow
onto or across a road or highway, it is the responsibility of the
person initiating the burn to post flagpersons on affected roads in
accordance with the requirements of the state department of transportation
and the state department of public safety.
(e)
Burning
shall not be conducted during periods of actual or predicted persistent
low-level atmospheric temperature inversions or in areas covered by
a current air stagnation advisory.
(f)
The
initiation of burning shall commence no earlier than 1 hour after
sunrise.
(g)
Burning
shall be completed and the fire completely extinguished on the same
day not later than 1 hour before sunset.
(h)
A
permitted open burn shall be attended by a qualified and responsible
party at all times. In no case shall the extent of the burn area be
allowed to increase after the time period provided for in this section.
A permit period shall be commensurate with the projected time period
necessary for the outdoor burning and the expiration date shall be
stated on the permit.
(i)
Burning
must be conducted downwind of or at least 300 feet (90 meters) from
any structure containing sensitive receptors located on adjacent properties
unless prior written approval is obtained from the adjacent occupant
with possessory control.
(Ordinance adopted 2/22/10, sec.
6)
Outdoor burning which is otherwise authorized shall also be
subject to the following requirements:
(1)
Only
material derived from the burn site may be burned on that site. Materials
may not be brought in from other sites to be burned.
(2)
Electrical
insulation, treated lumber, plastics, non-wood construction or demolition
materials, heavy oils, asphaltic materials, potentially explosive
materials, chemical wastes, items containing natural or synthetic
rubber, or other hazardous materials shall not be burned.
(3)
Burning
shall not be conducted during periods of:
(A)
Red flag warnings, as issued by the state forest service and National
Weather Service;
(B)
Burn bans issued by a county governmental entity having jurisdiction;
or
(C)
Actual or predicted persistent low-level atmospheric temperature
inversions, or in areas covered by a current air stagnation advisory.
(Ordinance adopted 2/22/10, sec.
7)
(a)
The
city may issue a permit for trench burning (air curtain incineration)
during non-emergency periods provided that all regulations contained
in this section are met and a valid burn permit has been secured from
the city. Materials to be burned in a trench shall be limited to trees,
brush and untreated lumber. Only material derived from the burn site
may be burned on that site. Materials may not be brought in from other
sites to be burned.
(b)
Trench
burning or air curtain operations must be conducted downwind of or
at least 1,000 feet from any residential area or structure containing
sensitive receptor(s) located on adjacent properties.
(c)
A
trench-burning machine carrying a current burning permit issued by
the TCEQ or other appropriate state agency shall be used. Written
proof of such permit shall be submitted in a manner acceptable to
the city.
(d)
Operation
of the equipment and burning procedures shall conform to the most
restrictive provisions of the state commission on environmental quality’s
permits and the special conditions listed in this section.
(e)
Liability
insurance in the minimum amount of $500,000.00 shall be carried by
the operator of the trench-burning equipment. Written proof of such
liability insurance must be submitted in a manner acceptable to the
city.
(f)
The
operator of the trench-burning equipment must submit written documentation
acceptable to the city that the owner of the property on which the
burning is to take place has given written permission to the operator
to conduct the trench burning on the owner’s property.
(g)
Both
the property owner and the equipment operator shall agree to the conditions
established by this article and by all permits.
(h)
Starting
the fire: Opacity of emissions from the trench and from the operation
of the blower shall not exceed 20 percent averaged over a five-minute
period, except for a start-up period, which shall not exceed 20 minutes.
Opacity shall be measured as outlined in the applicable provisions
of the most recent version of the TCEQ’s sampling procedures
manual.
(1)
Fill pit to a level no more than two (2) feet below the bottom of
the manifold with small trees and brush, if possible.
(2)
Use a propane or other LPG fire torch or commercial flamethrower
to ignite materials.
(3)
Engage burner. Allow the pit to completely ignite and reach operating
temperature before loading more material into the pit.
(i)
Capping
the pit at the end of the each day shall be required. Materials shall
not be added to the trench such that the materials will not be consumed
by the 1-hour-before-sunset time limit. The blower shall remain in
the on position until all material is consumed so that any remaining
material in the trench will not smoke or smolder when the blower is
turned off.
(1)
Using spoils (dirt) from the pit excavation, cover the pit with a
minimum of one (1) foot of dirt.
(2)
Using a track hoe, compact the pit cap, using more dirt if needed,
until no visible smoke can be detected.
(3)
Extinguish any isolated residual fires or smoldering materials that
could cause a nuisance or hazard.
(Ordinance adopted 2/22/10, sec.
8)
A permit shall be denied or revoked by the fire marshal or fire
chief upon occurrence of any one or more of the following:
(1)
The
permittee provides false information on the permit application.
(2)
The
permittee fails to comply with requirements of this article.
(3)
The
permittee adds any material or substance to the permitted burn for
which the permit has not been issued.
(Ordinance adopted 2/22/10, sec.
9)
(a)
Generally.
The authority to conduct outdoor burning
under this article does not exempt a person from the consequences,
damage, or injuries resulting from the burning. Similarly, a person
may not claim exemption from compliance with all other applicable
laws or ordinances, regulations and orders of governmental entities
having jurisdiction, even though the burning is otherwise conducted
in compliance with this article.
(b)
Cost recovery.
Any person who conducts outdoor burning,
whether permitted outdoor burning or unpermitted outdoor burning,
shall be liable for the recovery of costs associated with emergency
responders, police, fire and EMS departments, mutual aid fire departments
or other entities providing services who respond to extinguish an
uncontrolled, unwanted, or out-of-control fire.
(Ordinance adopted 2/22/10, sec.
10)
