Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-19 - Open Burning Standards › Section 3745-19-04 - Open burning in unrestricted areas

Current through all regulations
			 passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see paragraph
				
								(P) of
				rule
				3745-19-01 of the
				Administrative Code titled "Referenced materials."]
(A) No person or property owner shall cause
			 or allow open burning in an unrestricted area except as provided in paragraphs
			 (B) to (D) of this rule or in section
			 3704.11 of the Revised
			 Code.
(B) Open burning shall be
			 allowed for the following purposes without notification to or permission from
			 the Ohio EPA, except as required in paragraph (B)(3)(f) of this rule:
(1) Heating tar, welding, acetylene torches,
			 highway safety flares, heating for warmth of outdoor workers and strikers,
			 smudge pots, and similar occupational needs.
(2) Bonfires, campfires and outdoor fireplace
			 equipment, whether for cooking food for human consumption, pleasure, religious,
			 ceremonial, warmth, recreational, or similar purposes, if the following
			 conditions are met:
(a) They are fueled with
			 clean seasoned firewood, natural gas or equivalent, or any clean burning fuel
			 with emissions that are equivalent to or lower than those created from the
			 burning of seasoned firewood.
(b)
			 They are not used for waste disposal purposes.
(c) They shall have a total fuel area of
			 three feet or less in diameter and two feet or less in height except when such
			 fire is used for ceremonial purposes it may have a total fuel area no greater
			 than five feet in diameter and five feet in height, if the ceremonial fire
			 burns no longer than three hours.
(3) Disposal of residential waste or
			 agricultural waste generated on the premises if the following conditions are
			 observed:
(a) The fire is set only when
			 atmospheric conditions will readily dissipate contaminants.
(b) The 
										smoke does not
			 create a visibility hazard on  roadways,
			 railroad tracks, or air fields.
(c)
			 The fire is located at a point on the premises no less than one thousand feet
			 from any inhabited building not located on said premises.
(d) The wastes are stacked and dried to
			 provide the best practicable condition for efficient burning.
(e) No materials are burned which contain
			 rubber, grease, asphalt, liquid petroleum products, plastics or building
			 materials.
(f) Prior notification
			 to the Ohio EPA in accordance with paragraph (B) of rule
			 3745-19-05
			 of the Administrative Code shall be required for the disposal of agricultural
			 waste if the size of waste pile exceeds twenty feet in diameter by ten feet in
			 height (or four thousand cubic feet) and for residential waste if the size of
			 the waste pile exceeds ten feet by ten feet by ten feet (or one thousand cubic
			 feet).
(4) Disposal of
			 hazardous explosive materials, military munitions or explosive devices that
			 require immediate action to prevent endangerment of human health, public
			 safety, property or the environment and that are excluded from the requirement
			 to obtain a hazardous waste permit pursuant to paragraph (D)(1)(d) of rule
			 3745-50-45
			 of the Administrative Code.
(5)
			 Recognized training in the use of fire extinguishers for commercial or
			 industrial fire prevention.
(6)
			 Fires set at the direction of federal, state, and local law enforcement
			 officials for the purpose of destruction of cannabis sativa (marijuana) plant
			 vegetation, processed marijuana material or other drugs seized by federal,
			 state, or local law enforcement officials.
Fires allowed by paragraphs (B)(1), (B)(2) and (B)(5) of this
				rule shall not be used for waste disposal purposes, and shall be of the minimum
				size sufficient for their intended purpose; the fuel shall be chosen to
				minimize the generation and emission of air contaminants.