(1) General Prohibition. No person shall ignite, cause to be ignited, or permit to be ignited, any material which will result in any prohibited open burning as regulated by this chapter; nor shall any person suffer, allow, conduct or maintain any prohibited open burning.
Terms Used In Florida Regulations 62-256.300
- Air curtain incinerator: is a portable or stationary combustion device that directs a plane of high velocity forced draft air through a manifold head into a pit with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit and a recirculating motion of air under the curtain. See Florida Regulations 62-256.200
- Air pollution episode: is a ny day on which generally unhealthy air (an Air Quality Index value of 151 or greater) occurs or is forecast to occur by the Department. See Florida Regulations 62-256.200
- Garbage: means all kitchen and table food waste, animal or vegetative waste that is attendant with or results from the storage, packaging, preparation, cooking or handling of food materials. See Florida Regulations 62-256.200
- National Weather Service air stagnation advisory: is a n advisory issued by the National Weather Service to caution local and regional agencies of meteorological conditions which are conducive to poor dispersion and that are expected to persist for at least 36 hours. See Florida Regulations 62-256.200
- Open burning: means the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the outdoor atmosphere without passing through a stack or chimney. See Florida Regulations 62-256.200
- Pesticide: means any substance or mixture substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life or viruses, except viruses or fungi on or in living man or other animals, which the Department of Agriculture and Consumer Services shall declare to be a pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. See Florida Regulations 62-256.200
- Trash: means materials resulting from the construction, renovation or demolition of a structure, and other debris such as paper, cardboard, packing material, cloth, glass, street sweepings, vehicle tires and other like matter. See Florida Regulations 62-256.200
- Treated wood: means wood coated or infused with paint, glue, filler, pentachlorophenol, creosote, tar, asphalt, chromated copper arsenate (CCA), or other wood preservatives or treatments. See Florida Regulations 62-256.200
- Untreated wood: means wood (including lighter pine, tree trunks, limbs and stumps, shrubs, and lumber) which is free of paint, glue, filler, pentachlorophenol, creosote, tar, asphalt, chromated copper arsenate (CCA), and other wood preservatives or treatments. See Florida Regulations 62-256.200
(2) Prohibition on the Open Burning of Certain Materials.
(a) Except as provided at paragraph 62-256.300(2)(b), F.A.C., the open burning of biological waste, hazardous waste, asbestos-containing materials, mercury-containing devices, pharmaceuticals, tires, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, or trash is prohibited.
(b) Notwithstanding the provisions of paragraph 62-256.300(2)(a), F.A.C., certain otherwise prohibited materials may be burned for the training of firefighters in accordance with subsection 62-256.700(4), F.A.C.; waste pesticide containers may be burned in accordance with subsection 62-256.700(5), F.A.C.; animal carcasses may be burned in accordance with subsection 62-256.700(6), F.A.C.; and polyethylene agricultural plastic, untreated wood pallets, and packing material used in agriculture may be burned in accordance with subsection 62-256.700(7), F.A.C.
(c) Open burning of vegetative debris and untreated wood is prohibited except as provided at subsections 62-256.700(1), (2), (3), (8), (9), and (10), F.A.C., or subsection 62-296.320(3), F.A.C.
(3) Prohibition on Open Burning During Adverse Conditions. No open burning, including use of any air curtain incinerator exempted from permitting pursuant to Rule 62-210.300, F.A.C., shall be conducted during a National Weather Service Air Stagnation Advisory or Air Pollution Episode, or if the Department of Agriculture and Consumer Services, Florida Forest Service, has determined that weather conditions are unfavorable for safe burning.
(4) Applicability of Other Laws, Rules and Ordinances. Nothing in this chapter shall relieve any person from complying with any other applicable laws, rules, or ordinances, including Florida Statutes Chapter 590; rules of the Department of Agriculture and Consumer Services, Florida Forest Service; and ordinances of any local, county, or municipal government.
Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061 FS. History—New 7-1-71, Amended 1-11-82, 7-30-85, Formerly 17-5.03, Amended 10-20-86, 8-26-87, Formerly 17-5.030, 17-256.300, Amended 11-30-94, 7-6-05, 10-6-08.