Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 111 - CONTROL OF AIR POLLUTION FROM VISIBLE EMISSIONS AND PARTICULATE MATTER › Subchapter B - OUTDOOR BURNING › Section 111.209 - Exception for Disposal Fires

Current through Reg. 49, No. 28; July 12, 2024
Except as provided in Local Government Code, §
										352.082,
					 outdoor burning is authorized for the following:
(1) domestic waste burning at a property
				  designed for and used exclusively as a private residence, housing not more than
				  three families, when collection of domestic waste is not provided or authorized
				  by the local governmental entity having jurisdiction, and when the waste is
				  generated only from that property. Provision of waste collection refers to
				  collection at the premises where the waste is generated. The term "domestic
				  waste" is defined in §
										101.1 of
				  this title (relating to Definitions). Wastes normally resulting from the
				  function of life within a residence that can be burned include such things as
				  kitchen garbage, untreated lumber, cardboard boxes, packaging (including
				  plastics and rubber), clothing, grass, leaves, and branch trimmings. Examples
				  of wastes not considered domestic waste that cannot be burned, include such
				  things as tires, non-wood construction debris, furniture, carpet, electrical
				  wire, and appliances;
(2) diseased
				  animal carcass burning when burning is the most effective means of controlling
				  the spread of disease;
(3)
				  veterinarians in accordance with Texas Occupations Code, §
										801.361, Disposal of
				  Animal Remains;
(4) on-site burning
				  of trees, brush, grass, leaves, branch trimmings, or other plant growth, by the
				  owner of the property or any other person authorized by the owner, and when the
				  material is generated only from that property:
(A) in a county that is part of a designated
				  nonattainment area or that contains any part of a municipality that extends
				  into a designated nonattainment area; if the plant growth was generated as a
				  result of right-of-way maintenance, landclearing operations, and maintenance
				  along water canals when no practical alternative to burning exists. Such
				  burning is subject to the requirements of §
											111.219
				  of this title (relating to General Requirements for Allowable Outdoor Burning).
				  Commission notification or approval is not required; or
(B) in a county that is not part of a
				  designated nonattainment area and that does not contain any part of a
				  municipality that extends into a designated nonattainment area; this provision
				  includes, but is not limited to, the burning of plant growth generated as a
				  result of right-of-way maintenance, landclearing operations, and maintenance
				  along water canals. Such burning is subject to local ordinances that prohibit
				  burning inside the corporate limits of a city or town and that are consistent
				  with the Texas Clean Air Act, Chapter 382, Subchapter E, Authority of Local
				  Governments, and the requirements of §111.219(3), (4), (6), and (7) of
				  this title. Commission notification or approval is not required;