Town of Millsboro, DE Chapter 81 Burning, Open

[HISTORY: Adopted by the Town Council of the Town of Millsboro at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]

GENERAL REFERENCES

Junkyards — See Ch. 128.

Littering — See Ch. 130.

Solid waste — See Ch. 170.

§ 81-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AIR STAGNATION

A weather situation characterized by limited horizontal and vertical mixing.

CEREMONIAL FIRES

Bonfires used for ceremonies sponsored by educational, cultural or religious institutions.

GARBAGE

Animal or vegetable waste matter originating in houses, kitchens, restaurants, hotels, produce markets or similar installations.

OPEN BURNING

Any outdoor fire or outdoor smoke producing process from which the products of combustion are emitted directly into the ambient air. This does not include incinerators, boilers or heaters used in process operations.

PRESCRIBED BURNING

Open burning under such conditions that the fire is confined to a predetermined area.

PROCESS OPERATIONS

Any chemical, industrial or manufacturing operation, including but not limited to heat transfer, fluid flow, evaporation, humidification, absorption, extraction, distillations, drying, mixing, classification, sedimentation, decantation, filtration, crystallization, centrifugation, disintegration and material handling.

REFUSE

Garbage, rubbish or trade waste.

RUBBISH

Waste solids or liquids, including but not necessarily limited to rags, clothes, leather, rubber, carpets, excelsior, paper, ashes, furniture, tin cans, glass, crockery, masonry, tires or waste oil.

SALVAGE OPERATION

Any business, trade or industry engaged entirely or partially in salvaging or reclaiming any product or material, including but not necessarily limited to metal, chemicals, motor vehicles, shipping containers or drums.

SILVICULTURE

The care and cultivation of forest trees.

TRADE WASTE

Any solid, liquid or gaseous waste material or rubbish resulting from construction, land clearing for construction or development, building operations or the prosecution of any business, trade or industry, including but not necessarily limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals or cinders.

§ 81-2 Prohibitions.

A. No person shall cause or allow the disposal of refuse by open burning.

B. No person shall cause or allow open burning in the conduct of a salvage operation.

C. No person shall cause or allow the open burning of fallen leaves.

§ 81-3 General restrictions.

A. Open burning, as permitted by this chapter, may be conducted without prior approval of the town, except as provided in Subsections B(1)(b), B(1)(c), B(2) and H of this section.

B. Exceptions.

(1) No person shall cause or allow open burning except for the purposes of:

(a) Domestic burning of branches and limbs that have been cut from trees or shrubbery originating on the premises and conducted by individuals domiciled on the premises.

(b) The clearing of land in agricultural or silvicultural operations to cultivate and/or prepare the soil for the purpose of producing crops or supporting livestock.

(c) Prescribed burning for conservation practices, wildlife habitat management or plant, pest or disease control, provided that:

[1] The applicant documents to the satisfaction of the town that prescribed burning is the most effective method to achieve this purpose; and

[2] Permission to burn is given by the town before such burning takes place.

(2) Nothing herein shall be deemed to prohibit the Millsboro Fire Department from burning off any structure, lot or lots or any collection of driftwood or debris within the town at the request of the owner of the property or upon the request of the Town Council of the Town of Millsboro.

C. No person shall conduct open burning as permitted by this chapter when, in the judgment of the town:

(1) A condition of air stagnation as determined by the State of Delaware Department of Natural Resources and Environmental Control exists.

(2) Any national ambient air quality standard may be violated as determined by state and federal authorities.

D. Upon notification by the town, open burning shall be terminated immediately.

E. All fires shall remain under supervision until completely extinguished.

F. Tires, waste oil or any oil heavier than No. 2 shall not be used as an auxiliary fuel. Only the minimum amount of auxiliary fuel needed to initiate the fire shall be used.

G. Open burning, as permitted by this chapter, may be conducted only between the hours of 8:00 a.m. and 4:00 p.m.

H. Burning outside of the hours permitted in Subsection G of this section may be conducted, provided that:

(1) The applicant documents to the satisfaction of the Town Council that burning outside of the permissible hours will lead to smoke reduction or a more efficient, complete or safer burn.

(2) Permission to burn during the extended hours is given by the town before such burning takes place.

§ 81-4 Exemptions.

The following operations are exempt from §§ 81-1 through 81-3 of this chapter, provided that they are not used for the disposal of refuse and are of a minimum size sufficient for their intended purpose:

A. Fires used for cooking of food for human consumption, provided that only unpainted/untreated wood, charcoal, propane or natural gas is burned.

B. Fires used for recreational purposes, such as campfires, provided that only unpainted/untreated wood is burned.

C. Ceremonial fires, provided that only unpainted/untreated wood is burned.

D. Flares.

E. Backburning to control or suppress wildfires.

§ 81-5 Violations and penalties.

The violation of any provision of this chapter shall be punished by a fine of not less than $25 nor more than $500, plus costs of prosecution and the Victims Compensation Fund assessment, for each offense.