(1)

This chapter shall be known and may be cited as the Indian River County Open Burning and Air Curtain Incinerator Regulation Ordinance.

(2)

The Indian River County Board of County Commissioners finds that it is in the best interest of public health and safety and the environment to prohibit the open burning of material discarded incidental to land clearing or construction practices. It is the purpose of this chapter to regulate open burning, and require the use of air curtain incinerators to:

(a)

Promote the efficient burning of land clearing debris, thus substantially reducing air pollution and the nuisance of open burning in urbanized areas;

(b)

Minimize the hazard and pollution of land clearing debris disposal, recognizing the benefits of allowing limited controlled burning to reduce the volume of landfill material in the county; and

(c)

Implement the policies of the Indian River County Comprehensive Plan relating to air pollution and solid waste reduction.

(Ord. No. 90-16, § 1, 9-11-90)

The definitions of certain terms used in this chapter are set forth in Chapter 901, Definitions, of the Indian River County Land Development Code.

(Ord. No. 90-16, § 1, 9-11-90)

The following activities are exempt from the provisions of this chapter:

(1)

Burning activities incidental to agricultural or silvicultural operations as set forth in Section 8 of Chapter 85-427, Special Acts, Laws of Florida;

(2)

Burning activities associated with the use of air curtain incinerators permitted by the Florida Department of Environmental Regulation (FDER) and operated by governmental entities; and

(3)

Burning activities associated with "private land clearing debris burn facilities" as defined in Chapter 901 and subject to the provisions of section 971.27;

(4)

On-site burning of debris associated with rural land clearing, as defined in Chapter 901, subject to the setbacks, time frames and other conditions of Chapter 5I-2, Florida Administrative Code, as may be amended, and as administrated by the State Division of Forestry; and

(5)

Open burning activities to reduce yard trash and household paper products generated on occupied residential premises of not more than two-family dwelling units, subject to setbacks, time frames, and other conditions and restrictions as set forth in Chapter 62-256, Florida Administrative Code, as may be amended, and as administered by the State Division of Forestry (DOF).

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 20, 9-29-92; Ord. No. 2004-021, § III, 7-6-04)

Except as exempt in section 925.03, it shall be unlawful to burn or allow the open burning of materials discarded incidental to land clearing or construction activities, provided, however, that nothing in this chapter prohibits burning in an approved type of air curtain incinerator meeting specifications of Chapter 62-256, Florida Administrative Code, upon issuance of and in compliance with a permit to use an air curtain incinerator obtained from the Indian River County Department of Emergency Services (Fire Division). The Indian River County Department of Emergency Services (Fire Division) shall issue a permit to use an air curtain incinerator upon finding that all requirements of this chapter, and other applicable laws, and rules have been met. It shall be a violation of this chapter to conduct open burning without a permit or to conduct burning contrary to the limits of an issued permit. A permit to use an air curtain incinerator may be applied for on forms provided by the Indian River County Department of Emergency Services (Fire Division). Any permit to use an air curtain incinerator shall contain the following conditions:

(1)

Use of the air curtain incinerator shall be initiated only after initial start-up approval has been given by the Indian River County Department of Emergency Services (Fire Division) and a site review has been conducted by the local fire authority. Such approval shall be granted after inspection reveals that the air curtain incinerator has been properly located and installed in accordance with laws, the material to be burned has been properly dried, and daily conditions are not unfavorable to burning according to the division of forestry and local fire authority. The permittee shall request an inspection at least seventy-two (72) hours before he commences initial operation of the air curtain incinerator.

(2)

Each day that a permittee wishes to use an air curtain incinerator, the permittee shall telephone the Indian River County Department of Emergency Services (Fire Division) prior to that day's start-up of the air curtain incinerator and advise that department of the permittee's permit number and intent to use an air curtain incinerator.

(3)

Use of the air curtain incinerator shall be discontinued at any time that the permittee has been advised that the division of forestry or local fire authority has determined that weather conditions are unfavorable for safe burning. The permittee may be so advised at the time the permittee calls the Indian River County Department of Emergency Services (Fire Division).

(4)

Additional conditions consistent with recommendations of the division of forestry or local fire authority or necessary for compliance with this ordinance or applicable laws or rules may be included in any permit to use an air curtain incinerator.

(5)

Except for sanitary landfills which are permitted and approved in accordance with Chapter 403, Florida Statutes, and Chapter 62-701, Florida Administrative Code, the disposal, discharge, deposit, injection, dumping or placing of land clearing debris, or any solid waste into or upon any land or water including groundwater is prohibited. The method of disposal for "clean debris" as defined in Chapter 62-701.200 Florida Administrative Code, shall be approved by the Indian River County Public Health Department.

(6)

(a)

Except for transportation to sanitary landfills which are permitted and approved in accordance with Chapter 403, Florida Statutes, and Chapter 62-701, Florida Administrative Code, or debris transported to other disposal or recycling facilities approved by the county as burn, recycling, or disposal sites, and except as allowed under section 925.04 (6)(b) and (c), below, it is unlawful to transport land clearing debris from one parcel to another parcel.

(b)

Landclearing debris generated from a parcel(s) may be transported to a parcel(s) under the same ownership as the debris-generating parcel(s), or to a parcel owned or leased by the land clearing contractor who conducted the land clearing, and incinerated under the provisions of sections 925.05—925.09.

(c)

The board of county commissioners may authorize and establish temporary burn sites and facilities in cases of emergencies, such as hurricanes and freezes, that generate heavy demands for disposal of vegetative debris.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 20, 9-29-92; Ord. No. 94-1, § 1C, 1-5-94; Ord. No. 2004-021, § III, 7-6-04)

The Indian River County Department of Emergency Services (Fire Division) may establish a permit application fee schedule and charge fees for the submittal of applications and inspection of burn sites for use of an air curtain incinerator. Such fee schedule shall be subject to approval of the board of county commissioners; fees collected shall be used to defray costs incurred by the Indian River County Department of Emergency Services (Fire Division) in administering this chapter.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 20, 9-29-92; Ord. No. 2004-021, § III, 7-6-04)

Except to the extent that they specifically conflict with this chapter, all laws and rules of the state relative to burning, including but not limited to Chapter 62-256, Florida Administrative Code as may be amended, are hereby adopted by reference.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2004-021, § III, 7-6-04)

(1)

In addition to the requirements for the use of air curtain incinerators contained in Chapter 62-256, Florida Administrative Code and other provisions contained or adopted by reference herein, in no case shall air curtain incinerators be set back less than five hundred (500) feet from any occupied structure, unless the occupant of an occupied structure located within five hundred (500) feet of a proposed air curtain incinerator location acknowledges in writing to the county that he or she has no objection to the operation of an air curtain incinerator closer than five hundred (500) feet to the structure that he or she occupies. Said acknowledgement shall be in a form acceptable to the Indian River County Department of Emergency Services (Fire Division).

(2)

In addition to the requirements contained in Chapter 62-256, Florida Administrative Code, and other laws and rules adopted by reference herein, the use of air curtain incinerators shall be restricted to weekdays, that is Monday, Tuesday, Wednesday, Thursday, and Friday. No air curtain incinerator shall be used on a Saturday, Sunday or holiday observed by the county.

(3)

Temporary landclearing debris air curtain incinerator sites may be approved if the following requirements and standards are met:

(a)

A scaled drawing is submitted noting the number of estimated daily project trip ends, and showing the proposed site, burn pit area, debris storage (stockpile) area and dimensions, required setbacks, driveway accessing the burn pit area, access to surrounding roadways, primary haul route, setbacks to occupied structures, type of incinerator and location of incinerator set-up. The scaled drawing is not required to be prepared by a professional engineer or surveyor. If the project is estimated to generate more than twenty (20) trip ends per day, then the access to surrounding roadways, and primary haul route must be approved by the public works director as adequate to handle the volume and type of anticipated traffic in relation to the site, surrounding areas, and affected roadways.

(b)

The burn permit shall be valid for a period of no more than 180 days on any given site in any one year period.

(c)

The site shall have direct access to either a thoroughfare plan road or a local road that has a traffic volume of less than forty (40) trip ends per day at the time of permit application.

(d)

If the project is estimated to generate more than twenty (20) trip ends per day and if any of the debris hauling route(s) associated with facility operation is over county maintained, unpaved roads, then the applicant must escrow with the public works department one thousand dollars ($1,000.00) for extraordinary roadway maintenance for every twenty (20) daily trip ends. At the end of the permit period if the public works department determines that no extraordinary road maintenance was performed or is required due to the project operation, then the department shall return the escrowed funds to the applicant.

(e)

Burn pit areas. Burn pit areas shall meet applicable zoning district setbacks, shall be located at least one hundred (100) feet from any tree line or brush line, and shall at all times be located within fifty (50) feet of an all weather roadway surface sufficiently compacted and maintained to accommodate fire vehicle and apparatus movement.

(f)

Debris storage (stockpile) areas.

1.

Individual stockpiles shall have a maximum base dimension (at ground level) of fifty (50) feet by one hundred (100) feet, and a maximum height above ground level of fifteen (15) feet. A minimum twenty (20) foot wide fire lane shall be maintained between individual piles. Where individual stockpiles are located within one thousand (1,000) feet of a fire hydrant, measured in the manner that a fire hose is laid, such stockpiles shall have a maximum base dimension (at ground level) of seventy-five (75) feet by one hundred twenty-five (125) feet and a maximum height above ground level of thirty (30) feet.

2.

Individual stockpiles shall meet applicable zoning district setbacks, shall be located at least one hundred (100) feet from any brush or tree line, and at least one hundred (100) feet from the nearest edge of the burn pit.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 20, 9-29-92; Ord. No. 94-1, § 1C, 1-5-94; Ord. No. 2004-021, § III, 7-6-04)

Nothing in this chapter shall diminish the current authority of the division of forestry or the local jurisdictional authority to order that burning be ceased based on a health nuisance and/or fire safety hazard.

(Ord. No. 90-16, § 1, 9-11-90)

This chapter may be enforced by the Indian River County Department of Emergency Services (Fire Division) and the Indian River County Environmental Control Board in the manner set out in Chapter 85-427, Special Acts, Laws of Florida, or may be enforced as any county ordinance, including but not limited to enforcement by the board of county commissioners seeking injunctive relief or applying county code enforcement citation procedures. For purposes of enforcement of this ordinance, each tree burned unlawfully shall constitute a separate violation of this ordinance. Collected fines shall be used in part or in whole to defray costs incurred by the county emergency services (fire division) in enforcing this ordinance.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 20, 9-29-92)