92.01 Burning Of Waste
(A) It shall be unlawful to cause any contaminant, being any solid, semi-solid, liquid or gaseous matter or any odor, radioactive material, pollutant, as defined in the Federal Water Pollution Control Act, Hazardous Waste as defined in the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), any combination thereof, from whatever source, that is injurious to human health, plant or animal life or property in any of the following acts or by any act which, although not specifically set out herein, may be injurious to human health, plant or animal life or property or interferes unreasonably with the enjoyment of life and property.
(B) The following shall be unlawful acts within the town:
(1) To burn for the purpose of cleaning or stripping or preparing for sale any junk, refuse or scrap metal.
(2) To set fire to any waste material, paper, trash or other materials which will cause contaminants to be expelled into the atmosphere.
(3) To burn waste, trash or rubbish in any location which is not at least 25 feet from any structure or building.
(4) To burn waste, trash or rubbish on any public paved surface.
(5) To authorize or permit any other person or entity to maintain any burning or fire on land of the authorizing person in violation of this section.
(C) The Town Marshall, his agents or employees, shall have full power and authority to enter upon
any street, alley, lot or ground for the purpose of determining if any acts are being performed which would constitute a violation of this section.
(Ord. 90-2, passed 3-12-90)
92.02 Open Burning
(A) Open burning is defined as the burning of any materials wherein air containments resulting from combustion are emitted directly into the air, without passing through a stack or chimney from an enclosed chamber.
(B) No person shall start, kindle, cause, allow, or maintain any form of open burning of any materials on private or public property, except as specifically authorized by this section. No person shall allow the accumulation or existence of combustible material that constitutes or contributes to open burning.
(C) Exemptions: The following types of burning are allowed:
(1) The burning of charcoal, clean untreated wood and other cooking fuels customarily used in an outdoor grill, traditional food cooking devices, or campfires.
(2) Fires used for recreational or ceremonial purposes such as school rally fires or the celebration of scout activities. Recreational or ceremonial shall meet the following conditions:
(a) Only clean untreated wood or charcoal shall be used. Paper or petroleum products can be used for ignition purposes only.
(b) The fire shall not be ignited more than two hours before the recreational activity is to take place and shall be extinguished upon the conclusion of the activity.
(c) The pile to be burned shall be less than 1,000 cubic feet (for example: 10 feet x 10 feet x 10 feet).
(d) The local fire department shall be notified 24 hours in advance if the pile to be burned is more than 125 cubic feet (for example: 5 feet x 5 feet x 5 feet).
(e) The fire shall not be for disposal purposes.
(f) The fire shall not be within 500 feet of a pipeline or fuel storage area.
(3) Variances. Other types of fires may be approved as follows:
(a) Any other type of fire whereby a citizen of Whiteland has obtained a variance from the provisions of this section by petitioning the Town Council may be allowed. However, the Town Council cannot grant a variance for burning that would otherwise violate the provisions of the 326 Indiana Administrative Code 4-1 et seq. and as amended and I.C. 13-17-9.
(b) The following types of fires may be allowed of approved by the Indiana Department of Environmental Management:
1. Fire fighter training;
2. Fire extinguisher training;
(4) The following conditions apply to all exemptions and variances:
(a) Burning shall be done during safe weather conditions. Burning shall not occur, during high winds, temperature inversions, air stagnation, or when a pollution alert or ozone action day has been declared;
(b) Fires must be attended at all times until completely extinguished;
(c) Fires must be extinguished if they create a fire hazard, nuisance, pollution problem, or threat to public health;
(d) Fire fighting equipment adequate for the size of the fire shall be on-site and nearby during times of burning;
(e) Burning shall not be for disposal purposes; and
(f) All burning shall comply with other federal, state and local laws, rules and ordinances.
(Ord. 04-6, passed 11-9-04)