| 1. |
No person shall cause, suffer, allow, or
permit the open burning of any combustible material. |
| 2 |
310 CMR 7.07 (1) shall not apply to: |
|
a. |
Open burning for the purpose of combating
or backfiring an existing fire by persons affiliated with an official fire fighting
agency; |
|
b. |
Open burning conducted primarily for
cooking purposes, or; |
|
c. |
Open burning related to the operation of
devices such as blowtorches and welding torches, for which no alternative source of heat
can be used, provided that such devices do not cause a condition of air pollution. |
| 3. |
Except during periods of adverse
meteorological conditions as my be determined by the Department when direct of public
notice thereof has been made by the Department through the news media, 310 CMR 7.07 (1)
shall not apply to open burning conducted for: |
|
a. |
Training or research in fire protection or
prevention with specific approval by the Department; |
|
b. |
Activities associated with the normal
pursuit of agriculture which have been determined by the Department as necessary and which
include but are not limited to, open burning of blueberry patches for pruning purposes,
dead raspberry stalks, fruit tree pruning, and infected beehives for disease control; |
|
c. |
Open burning of brush and trees resulting
from agricultural land clearing operations; |
|
d. |
The disposal of fungus-infected elm wood
provided that no suitable alternative method of disposal is available; |
|
e. |
The disposal of brush, cane, driftwood,
and forestry debris excluding grass, hay, leaves, and stumps from January 15th to May 1st
of each year. All such open burning shall be conducted: |
|
|
(1) |
On land proximate to the place of
generation; |
|
|
(2) |
At a location greater than 75 feet from
any dwelling, and; |
|
|
(3) |
Between 10:00 a.m. and 4:00 p.m. |
|
No such open burning shall apply to
commercial or institutional land clearing for non- agricultural purposes. |
|
Open burning under 310 CMR 7.07 (3) (e)
shall not be permitted in the Cities and Towns of Arlington, Belmont, Boston, Brookline,
Cambridge, Chelsea, Chicopee, Everett, Fall River, Holyoke, Lawrence, Lowell, Malden,
Medford, New Bedford, Newton, Somerville, Springfield, Waltham, Watertown, West
Springfield and Worcester- or where the Department has notified a city or town that: |
|
|
(1) |
Open burning under this provision may
cause or contribute to non-attainment of federal or state ambient air quality standards
for total suspended particulates; |
|
|
(2) |
Open burning under this provision may
cause or contribute to a condition or air pollution, or; |
|
|
(3) |
Open burning under this provision is not
permitted due to continued violations of the provisions for the proper conduct of such
open burning. (Such action shall be taken only after said City or Town has been given
written notification of such violations and has in the opinion of the Department failed to
take appropriate actions to prevent the continuance of such violations). |
|
|
Upon request of the Department, the
permitting authority of any City or Town shall notify the Department of the number of
permits issued during any burning period. |
|
f. |
The disposal of combustible material with
the approval of the Department and after demonstration to the satisfaction of the
Department that no alternative suitable method of disposal is available; |
|
g. |
Open burning as described in 310 CMR 7.07
(3)(a) through 310 CMR 7.07 (3)(f) must be conducted: |
|
|
(1) |
During periods of good atmospheric
ventilation; |
|
|
(2) |
Without causing a nuisance; |
|
|
(3) |
With smoke minimizing starters if starters
or starting aids are used, and; |
|
|
(4) |
Under the provisions of a properly
executed permit issued under the provisions of Section 13 of Chapter 48 of the General
Laws which states in part: |
|
|
|
1. |
Such permits may not be granted for more than two days
from the date of issue, and; |
|
|
|
2. |
A written record must be maintained for each permit
including the date of permit issuance, name, and address of the person receiving the
permit including the location and type of materials to be burned, and; |
|
|
|
3. |
Such records must be available for public
inspection." |
| 4. |
Except as may be incidental to compliance
with the provisions contained in 310 CMR 7.07 (2) and 310 CMR 7.07 (3), no person shall
stack, place, or store combustible material in such a manner as to cause or allow
presumption by the Department that such material may be subject to reduction by open
burning. |
| 5. |
Notwithstanding the provisions of 310 CMR
7.07 (3), no person shall cause, suffer, allow, or permit open burning at any refuse
disposal facility other than an incinerator as described in Section 150A of Chapter 111 of
the General Laws. |
| 6. |
310 CMR (1) through 7.07 (5) are subject
to the enforcement provisions in 310 CMR 7.52 |