 Open
burning ordinance, #31 of 2007
Ordinance #31 of 2007 regulates open burning within the city limits of
Benton. Click the link below to download the ordinance in Microsoft
Word format.
Burn
ban - What is a burn ban?
A burn ban is exactly what the name implies – no outside burning of any
kind for a period of 60 (sixty) days from the day the ban is issued or
until it is lifted by the County Judge. Open burning at this time is
considered extremely dangerous to people, buildings, trees and grasslands
and violations are very serious, punishable by fines and/or imprisonment.
The city Burn Ban is set by the County Judge not by the fire departments.
To determine if the County of Saline is under a burn ban, please check the
link below for further details.
http://www.forestry.state.ar.us/map/bbmap_png.php3
The only items that can be burned when there is NOT a burn ban is yard
waste, tree limbs, leaves.
Items that can NOT be burned are: paper, treated lumber, house hold
rubbish.
Open
burning
ADEQ Regulations
Open burning of yard waste is strongly discouraged, but permissible.
Act 1151 of 1997 (which went into effect August 2, 1997) strongly
discourages open burning of yard waste and encourages residents to recycle
this waste. Open burning of yard waste is allowed, but can be limited.
What is yard waste?
Yard waste is defined by law as grass clippings, leaves and shrubbery
trimmings collected from residential property. This does not include
household waste.
Who can burn?
Any resident of Arkansas is allowed to burn yard waste.
Is this an absolute right? Can anybody burn yard waste regardless of
what anyone else thinks or says?
-
No. Local authorities, such as the city council or county officials
can place local restrictions on open burning. Local authorities may also
set up a permit procedure that requires residents to get a permit from the
county courthouse or city hall or the fire department before burning yard
waste. Also, several state and federal agencies can issue burn bans that
stop burning because of weather conditions or potential hazards.
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And there are other reasons burning can be stopped. As outlined in the new
law, open burning can be prohibited in a particular area of the state or
throughout the entire state when:
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It becomes a local nuisance.
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It creates a fire or safety hazard.
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It pollutes the air and the ADEQ believes it will create a situation
whereby the National Ambient Air Quality Standards could be exceeded in a
given area.
Who can stop a citizen from burning yard waste?
State and local officials. Complaints about air pollution caused by open
burning of yard waste should be filed with the ADEQ at:
http://www.adeq.state.ar.us/air/branch_enforcement/forms/complaint_online.htm
Nuisance, fire and safety complaints should be filed with the Benton Fire
Department.
What happens when a complaint is filed?
If local or state officials find that opening burning of yard waste is:
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A persistent offense to neighbors;
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A fire hazard to surrounding property; or
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A safety hazard.
then state and/or local officials can take steps to ensure the fire is
extinguished and possibly issue a ticket or a fine.
General Precautions against Fire
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Open burning; bonfires or recreational fires must be constantly attended
until the fire is extinguished.
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A charged garden hose, fire extinguisher, water barrel, dirt or sand must
be readily available for utilization.
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The location for open burning shall not be less than 50 feet from any
structure, and provisions shall be made to prevent the fire from spreading
within 50 feet of any structure. However, the minimum required distance
from a structure can be minimized to 25 feet, if the pile is 3 feet or
less in diameter and 2 feet or less in height. Conditions which could
cause the fire to spread to within 25 feet of a structure shall be
eliminated prior to ignition.
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Fires in approved containers maybe no less than 15 feet from a structure.
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Bonfires and Recreational fires shall not be conducted within 25 feet of a
structure or combustible material unless the bonfire is contained within a
barbecue pit. Conditions which could cause the fire to spread to within 25
feet of a structure shall be eliminated prior to ignition.
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