June 25, 2004 62.2

- Page 1 SOUTH CAROLINA

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

AIR POLLUTION CONTROL REGULATIONS AND STANDARDS

REGULATION 61

- 62.2

PROHIBITION OF OPEN BURNING

OPEN BURNING IS PROHIBITED EXCEPT AS PROVIDED BELOW:

SECTION I

- Exceptions

A. Open burning of leaves, tree branches or yard trimmings originating on the premises of private

residences and burned on those premises.

B. Open burning in connection with the preparation of food for immediate consumption.

C. Campfires and fires used solely for recrea tional purposes, ceremonial occasions, or human warmth.

Fires set for the purpose of human warmth must use only clean wood products (woody vegetation, leaves,

or wood which is not coated with stain, paint, glue or other coating material, and not treated lu mber).

D. Fires purposely set in accordance with Smoke Management Guidelines for Vegetative Debris

Burning Operations in South Carolina, administered by the South Carolina Forestry Commission and

acceptable to the Department to include the following:

1. Prescribed burning of forest lands for specific management practices; and

2. Fires purposely set for agricultural control of diseases, weeds, pests, and for other specific

agricultural purposes.

3. Open burning of trees, brush, grass and other vege table matter for game management purposes.

E. Open burning in areas other than predominantly residential for the purpose of land clearing or

right

- of

- way maintenance. This will be exempt only if the following minimum conditions are followed:

1. The loca tion of the burning must be a sufficient distance but not less than 1000 feet, from public

roadways and all residential, commercial, and industrial sites not a part of the contiguous property on

which the burning is conducted.

2. Winds during the time of the burning must be away from any area in which the ambient air may

be significantly affected by smoke from the burning if that area contains a public roadway or a residential,

commercial, or industrial site.

3. The material to be burned must have been generated onsite and not moved to the site from

another location;June 25, 2004 62.2

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4. The amount of dirt on the material being burned must be minimized;

5. No heavy oils, asphaltic materials, items containing natural or synthetic rubber, or any materials

other than pl

ant growth may be burned;

6. The initial burning must be started only between the hours of 9:00 a.m. and 3:00 p.m.; no

combustible material may be added to the fire between 3:00 p.m. of one day and 9:00 a.m. the following

day;

7. No more than two piles 30' x 30' or equivalent may be burned within a six

- acre area at one time;

and

8. In the case of land clearing, all salvageable timber and pulpwood must be removed.

F. Fires set for the purposes of training fire

- fighting personnel and conducted at perma nent fire

- fighter

training facilities. Prior Department approval is required in order to obtain the exemption as a permanently

established training site. Fires set for the purpose of fire

- fighter training at non

- permanent locations must

receive Department approval prior to the initiation of any burning activity. Materials used for fire

- fighter

training cannot contain asbestos, heavy oils, asphaltic material, plastic or rubber without express written

consent from the Department.

G. Open burning on the prope rty where it occurs of residential construction waste from building and

construction operations will be exempt only if the following conditions are met:

1. The material being burned is residential construction waste associated with the building and

const ruction of one and two family dwellings only;

2. The location of the burning is at least five hundred (500) feet from any occupied structure other

than a dwelling or structure located on the property on which the burning is conducted;

3. Heavy oils, t

reated wood products, asphaltic materials, items containing natural or synthetic

rubber, or any other trade wastes which produce smoke in excess of forty (40) percent opacity are not

burned;

4. The burning does not occur during the ozone season (April 1 through October 30); and

5. The burning is conducted only between the hours of 9:00 a.m. and 3:00 p.m.;

H. Open burning, in remote or specified areas:

1. For non

- recurring unusual circumstances.

2. For experimental burning for purposes of data gath ering and research.

However, prior approval for these types of burning (in subparagraph H above) must be obtained from

the Department.June 25, 2004 62.2

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SECTION II

- General

A. A written report or warning to a person of a violation at one site shall be considered adequ ate notice

of the Regulation and subsequent observed violations at the same or different site will result in appropriate

legal action.

B. Open burning may be conducted in certain situations if no undesirable levels are or will be created.

The authority to conduct open burning under this Regulation does not exempt or excuse the person

responsible for the burning from the consequences of or the damages or injuries resulting from the burning

and does not exempt or excuse anyone from complying with other appli cable laws and with ordinances,

regulations, and orders of governmental entities having jurisdiction, even though the burning is otherwise

conducted in compliance with this Regulation.

C. The Department reserves the right to impose other or different rest rictions and exemptions on open

burning in addition to those enumerated above, whenever in the judgment of the Department such is

necessary to realize the purpose of this Regulation.

R. 61

- 62.2 History

- South Carolina State Register :

Vol. 9, Issue No . 5, (Doc. No. 457), May 24, 1985.

Vol. 28, Issue No. 6, (Doc. No. 2872 ), June 25, 2004.