Pursuant to existing state law, and until such time as existing state law is amended, altered, and/or changed, outdoor burning is prohibited within the city of South Bend unless specifically permitted by this chapter and/or other applicable local and state laws. Complaints of outdoor burning in violation of this chapter shall be forwarded to the applicable agency for prosecution of the violation in accordance with applicable state laws.
(Ord. 1395 § 2, 2008)
Outdoor burning of storm-related debris in the city of South Bend is permitted; provided, that:
A. 
The council has declared by resolution that city staff may accept permit applications for burning of storm-related debris;
B. 
The property owner burning storm-related debris has obtained a permit from the city pursuant to this chapter and has complied with the provisions of this chapter;
C. 
The mayor and/or their designee has determined when such outdoor burning of storm-related debris could safely occur and has issued notice as required by this chapter; and
D. 
The Olympic Region Clean Air Agency has approved and issued to the city of South Bend the authority to manage outdoor burning of flood- and/or storm-related debris.
(Ord. 1395 § 3, 2008)
Property owners, or their written designees and/or agents, may apply to the city of South Bend for a permit to burn outdoor storm-related debris. The permit form shall be developed by the city staff, in coordination with the fire chief and the Olympic Region Clean Air Agency. The permit form shall be relatively straightforward, allowing for anyone to fill it out without having to rely upon experts, consultants, etc. At a minimum, it should include:
A. 
Statement that the applicant/property owner, or their written designee and/or agent, undertakes any and all action permitted by this chapter at their own risk and liability without any liability or obligation being owed to the applicant by the city.
B. 
A place for the applicant to describe the type of material, and a rough estimate of the quantity of material, that is being sought to be burned outdoors pursuant to this chapter. This requirement is to permit the applicable, and/or interested, local and state agencies to make any required calculations associated with the amount of storm-related debris burnt in the city pursuant to this chapter.
C. 
A place for the applicant to affirm by their signature that:
To the best of my knowledge and belief, the primary source of the material for which I am seeking this permit originated entirely and/or in part from storm related events covered by the resolution of the City Council of the City of South Bend (#2008-05).
D. 
A place to sketch the location of the debris pile with distances noted from existing structures, utilities, etc.
(Ord. 1395 § 4, 2008)
A. 
Working in conjunction with the fire chief, the city will establish some minimum safety requirements for the piling of storm-related debris to be burned outdoors by permitted applicants. This safety information shall be provided to the permit applicants as guidelines for the piling of storm-related debris for outdoor burning.
B. 
Materials shall be piled in a manner and in a location that complies with the city's proffered guidelines. Materials shall not be piled on top of or in immediate proximity with buildings, utility overhead wires and/or poles, utility boxes, city roads, and landscaping. Applicant shall ensure that location of the piled materials is in a place that is accessible to a working hose as well as accessible to emergency service providers.
C. 
Piled materials must primarily consist of natural materials such as trees, stumps, limbs, branches, leaves, clippings, prunings; or, if permitted by state law, other materials not excluded below from permitted burning by this chapter.
D. 
None of the following materials shall be permitted to be piled into the materials permitted to be burned by the applicant pursuant to this chapter:
1. 
Garbage/refuse to include vegetable matter, food packaging materials, human waste related products (e.g., diapers, feminine hygiene products);
2. 
Dead animals;
3. 
Asphalt;
4. 
Petroleum products, other than a minimal amount that may be required to initiate the burning of the piled material;
5. 
Paint;
6. 
Rubber products;
7. 
Plastics;
8. 
Medical waste;
9. 
Structural and/or construction materials; or
10. 
Other materials that normally emit dense smoke and/or obnoxious odors.
E. 
Applicants shall permit the inspection of their piled material by city and/or applicable local and state officials, to ensure compliance with these provisions of this chapter. Failure to permit the inspection of the piled material by any applicant, and/or approved permit holder, shall be grounds for immediate disapproval of the permit by the city and/or revocation of an approved permit.
(Ord. 1395 § 5, 2008)
A. 
The mayor shall designate the appropriate city staff member(s) to review the submitted permits and determine whether or not the application has been properly filled out, the affirmation signed regarding the materials to be burned, and the proposed location meeting established guidelines. If such requirements are met, city staff shall approve the application. The approval of the application does not permit the applicant to immediately begin outdoor burning of their storm-related debris. Burning can only occur with a permit and during the designated time as described later in this chapter.
B. 
In the course of their review, designated city staff may disapprove of a permit application and notify the applicant of that decision. The applicant may request a meeting with the reviewing staff to determine what issues were not satisfied in the proffered permit. The applicant will be permitted to make corrections within five days of the notification of the reviewing staff member's decision, which may be done by city staff in person, on the phone and/or in writing. If corrections cannot be made by the applicant, the permit shall be denied and the applicant shall find other ways to legally dispose of the debris in question. If denied a permit, the applicant cannot burn the material in question. Burning of material for which a permit has been denied shall be a violation of this chapter and any such violation shall be subject to a civil penalty of not less than $250.00.
C. 
Approved permits are only valid for the period associated with the city council resolution authorizing staff to take permits pursuant to this chapter.
(Ord. 1395 § 6, 2008)
City staff shall copy each permit application, after a determination has been made on each application regarding their approval or disapproval, and provide copies to the fire chief and/or the Olympic Region Clean Air Agency. If a permit is received during the declared permitted period for outdoor burning in accordance with this chapter, the city staff will be required to make a good faith effort to provide copies of such permits to these agencies in a reasonable form and manner.
(Ord. 1395 § 7, 2008)
City staff will not accept any requests or permits to allow outdoor burning of storm-related debris until authorized by the city council to do so following a specifically referenced storm event. Such a resolution may include and/or cover a series of storm events; provided, that any period of time does not extend back in time more than 24 months from the date of passage of the resolution.
(Ord. 1395 § 8, 2008)
A. 
The mayor, in consultation with applicable local and state agencies, shall determine the period of time in which permitted outdoor burning of storm-related debris may occur within the city of South Bend. However, no permitted burning shall occur during a forecast, alert, warning or emergency (RCW 70.94.715) or during a period of impaired air quality as defined by state law.
B. 
Once an agreed-upon time period has been determined, the mayor shall declare in writing that period as the only period of time in which outdoor burning of storm-related debris may occur. Usually, this period will be a few months following the storm which generated the debris. The mayor's declaration will be published at least one week prior to the start of the determined time period in the city's official newspaper. A copy of the declaration shall be mailed to all approved applicants.
C. 
Outdoor burning of storm-related debris by an applicant who has had their permit approved, but who has initiated the burning of the piled material prior to the start of the declared time period, shall be in violation of this chapter and shall be responsible for a civil penalty of $250.00.
D. 
Outdoor burning of storm-related debris begun during this time period, but still burning, smoldering, and/or smoking, may be permitted to do so for a reasonable period of time following the end of the declared time period in which outdoor burning of storm-related debris is permitted.
(Ord. 1395 § 9, 2008)