Chapter 11.35
OUTDOOR BURNING
Sections:
11.35.010 Statement of purpose.
11.35.020 Statement of authority.
11.35.040 Outdoor burn permits.
11.35.010 Statement of purpose.
This chapter establishes rules for the management of open burning on all lands within the boundaries of the Reservation, all off-Reservation lands owned by the Tribe, and all off-Reservation trust land owned by Tribal members (“the Tribe’s jurisdiction”). The purpose of this chapter is to provide for the regulation of air emissions generated from open burning, to prevent harmful results to the environment and population in the Tribe’s jurisdiction, and to reduce the risk to property from potential fire damage. [Res. 2016-17; Res. 2011-020; Res. 2009-150. Prior code § 7.4.1.010.]
11.35.020 Statement of authority.
Authority for this chapter is found in the Tribal Constitution Articles II and V. [Res. 2011-020; Res. 2009-150. Prior code § 7.4.1.020.]
11.35.030 Definitions.
For the purposes of this chapter:
“Agricultural burning” means outdoor burning, including, but not limited to, any incidental agricultural burning, or agricultural burning, for pest or disease control.
“Air pollution episode” means a period when a forecast, alert, warning, or emergency air pollution state is declared, as stated in CTC 11.35.060(A).
“Burn ban” means a temporary prohibition on all outdoor burning and use of fireworks, as declared by the Natural Resources Department Director during a period of impaired air quality, or heightened fire danger.
“Construction/demolition debris” means all material resulting from the construction, renovation, or demolition of buildings, roads, and other manmade structures.
“Cultural purposes” means fires or smoke used to cook or cure food in a traditional manner.
“Department” means the Confederated Tribes of the Chehalis Reservation Natural Resources Department.
“EPA” means the United States Environmental Protection Agency.
“Firewood” means bare untreated wood used as fuel in solid fuel burning device, Tribal ceremonial fire, or recreational fire.
“Fireworks” means any combustible, or explosive composition, or any substance, or combination of substances, or article, exclusively prepared for the purpose of producing a visible, or audible, effect by combustion, explosion, deflagration, or detonation.
“Nuisance emissions” means an emission of smoke, or any other air contaminant, that unreasonably interferes with the use and enjoyment of the property upon which it is deposited.
“Outdoor burning” means the combustion of material of any type in an open fire, or in an outdoor container, without providing for the control of emissions from the combustion.
“Pollutants” means, but is not limited to, carbon monoxide, carbon dioxide, particulate matter, sulfur dioxide, nitrogen oxides, lead, and various volatile organic compounds and toxic substances.
“Reasonable alternative” means a method for disposing of organic refuse (such as natural vegetation) that is available, reasonably economical, and less harmful to the environment than burning.
“Recreational fire” means cooking fires, campfires, and bonfires using charcoal, or firewood, that occur in designated areas, or on private property, for cooking, pleasure, or ceremonial purposes. Fires used for debris disposal purposes are not considered recreational fires. [Res. 2016-17; Res. 2011-020; Res. 2009-150. Prior code § 7.4.1.030.]
11.35.040 Outdoor burn permits.
A. Any person who lights or maintains an outdoor fire with a maximum diameter greater than four feet, within the Tribe’s jurisdiction, shall first obtain an outdoor burning permit from the Natural Resources Department Director.
B. The permit requirement shall not apply to:
1. Recreational fires that are contained, less than four feet in diameter and used only for recreational purposes; or
2. A fire lit and maintained for Tribally recognized spiritual or cultural purposes.
3. A case by case analysis may be used by the Natural Resources Director to grant a variance as s/he sees fit.
C. The following materials shall not be burned outdoors: garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, paper or cardboard (other than what is necessary to start a fire), treated wood, construction/demolition debris, metal, or any substance other than natural vegetation.
D. Damaged or illegal fireworks may be burned only when approved by the Director of Natural Resources and the burning shall only take place in an appropriate structure, such as an approved burn box, or a trench, designed for that purpose.
E. Fireworks are exempt from permit for:
1. Tribal government displays;
2. Wholesale and retail commercial demonstrations.
F. No outdoor fire may contain material that has been hauled from another site, unless specifically allowed by an outdoor burn permit issued by the Department.
G. Burning must be the most reasonably available and economical alternative for disposing of the organic refuse.
H. Any burning, recreational or other, cannot unreasonably interfere with the surrounding properties’ residents.
I. Smoke from a fire may be declared a public nuisance if improper material is being burned, the fire is too large, or the air quality is otherwise impeded. The fire may be required to be put out immediately to protect air quality and the health and safety of others. [Res. 2016-17; Res. 2011-020; Res. 2009-150. Prior code § 7.4.2.010.]
11.35.050 Fire safety.
A. No fires are to be within 75 feet of structures.
B. No person shall light or maintain a fire unless he or she has placed equipment near the fire that is capable of extinguishing the fire. The equipment and a person who knows how to use it must attend it at all times.
C. The fire must be completely extinguished before leaving it. [Res. 2016-17; Res. 2011-020; Res. 2009-150. Prior code § 7.4.2.020.]
11.35.060 Burn bans.
A. During episodes or periods of impaired air quality or high fire danger, the Natural Resources Department Director may declare a “burn ban.”
B. No person shall light or maintain an outdoor fire during a burn ban. In the event that a fire has been lit prior to the declaration of a burn ban, it must be extinguished promptly upon declaration of a burn ban.
C. The Natural Resources Department Director shall provide notice of a burn ban by placing a sign on all Reservation access roads, notice at their office, the Tribal Center, and other locations they deem appropriate.
D. Exceptions to the burn ban may apply in instances where the Natural Resources Department Director determines the burning is safe and appropriate. Exceptions may include:
1. Continued burning under an existing permit may be allowed only if the Natural Resources Department Director determines that a continued burning under the existing permit is safe and appropriate under the circumstances.
2. Outdoor fires for cooking, or other recreational use, in approved fire rings, or other reasonably contained fires, may be allowed; provided, that the burning is safe and appropriate under the circumstances.
3. Burning for spiritual and cultural purposes is allowed. Notice to the Natural Resources Department is recommended but not required for these purposes. [Res. 2016-17; Res. 2011-020; Res. 2009-150. Prior code § 7.4.2.030.]
11.35.070 Enforcement.
A. A burn permit may be obtained from the Natural Resources Department. A fee may be set by the Director and approved by the Business Committee to cover administrative costs that may become necessary to administer the permits.
B. If a person fails to obtain a permit for burning when such burning requires a permit, the person may be subject to:
1. A warning from the Natural Resources Department for the first offense.
2. A fine of $100.00 will be assessed for the second offense.
3. A fine of $200.00 and an order to quit burning for up to one year may be assessed for the third offense.
C. In the event of a nuisance emissions complaint the Natural Resources Director or Chehalis Tribal Law Enforcement may order the fire to be burned more efficiently or extinguished.
D. These civil penalties may be enforced in the Tribal Court. [Res. 2016-17; Res. 2011-020; Res. 2009-150. Prior code § 7.4.2.040.]